Castro

—Appeal by plaintiffs from a judgment of nonsuit,

The plaintiffs in their complaint allege that on the fourteenth day of January, 1890, the defendant “entered into an agreement under his hand and seal whereby he hired and the plaintiffs leased for the term of two years ” the premises in said complaint described; that defendant in said instrument in writing covenanted with the-plaintiffs that they should peaceably and quietly occupy and enjoy the premises and privileges therein set forth and described for the said term of two years. Plaintiffs then allege that they “ have not been permitted peaceably or at all to occupy and enjoy the possession of said premises; but, on the contrary, after the beginning of the term on the 15th of January, 1890, the defendant, W. V. Gaffey, who was, at the time of making said lease and entering into said covenant, thereafter the lawful owner of said premises, evicted the plaintiffs from said *423 premises and has ever since kept them out of the possession of the same, to their damage in the sum of five thousand dollars.”

Defendant, in his answer, specifically denied all the material allegations of the complaint, including the allegation that…