Garber

The plaintiff recovered a judgment in this action against the defendant for the conversion of certain wheat. The plaintiff claimed title to the wheat by virtue of his ownership of the land, and the defendant by virtue of a lease executed between him and one Boulware prior to the acquisition of the land by the plaintiff. The land is situated in Yuba County, and was originally owned by Lorenzo Gianella, the father of the defendant, and was conveyed to the plaintiff by á deed of conveyance bearing date April 12, 1888, and recorded two days thereafter. The deed was an ordinary grant, bargain, and sale deed of the land in question, "together with the rents, issues, and profits thereof,” and contained the following covenant: “And the said party of the first part and his heirs, the said premises in quiet and peaceful possession of the said party of the second part, and his heirs and assigns, against the said party of the first part and his heirs, and against all and every person and persons whomsoever lawfully claiming or to claim the same, shall and will warrant, and by these presents forever defend, subject however to a lease to Daniel Boulware, which said lease expires November…