Jones

— This action of unlawful detainer was brought to recover possession of a tract of land alleged to have been leased by the respondent and plaintiff to the defendant, for damages for its detention, and that an alleged lease be declared forfeited. The grounds claimed in favor of the plaintiff’s recovery are, that the defendant had forfeited his right to possession by virtue of certain conditions contained in the lease, and that plaintiff’s right of recovery was complete. The main ground upon wdiich the defendant resists plaintiff’s claim seems to be that he insists that the agreement set out in the complaint is not such as creates the relation of conventional landlord and tenant. The instrument in question is lengthy, so much so as to preclude its insertion here, but we have given it very thorough examination, and are satisfied that it comes strictly within the rule laid down in Walls v. Preston, 25 Cal. 59 , and in Smith v. Schultz, 89 Cal. 526 . It is a letting for a share of the produce of the land, and the increase of certain hogs, cattle, fowls,, etc. It provides certain conditions as to the cultivation of certain lands in corn, for the grubbing of other lands and putting it in…