Budd

— This action is brought by the county of San Joaquin to recover possession of two rooms in the court-house of that county. A demurrer to the-complaint was sustained, and at the same time the court granted a motion to strike out a portion of the complaint, and thereupon judgment was rendered in favor of defendants. The plaintiff appeals from the judgment.

The complaint alleges, in substance, that a certain block of land in the city of Stockton was dedicated by its owner for public use for the erection thereon of the-court-house for San Joaquin, and such other public buildings as might, by the proper authorities, be deemed necessary, and that the plaintiff did erect thereon a. court-house, and was, on the 27th of January, 1891, in the possession, and was then and ever since has been entitled to the possession, of said block of land and of the court-house, and of those two rooms on the second floor thereof, each of which is designated, on the plans of said court-house, as “judges’ chambers”; and that *50 the defendants did, “on the day and year last aforesaid, wrongfully and unlawfully enter into said rooms, and did oust the plaintiff therefrom,” and now “ unlawfully withhold the…