Rosenthal

Action to recover possession of a large tract of land situate in the county of Tehama and the value of the rents and profits thereof alleged to be fifteen hundred dollars.

The answer of the defendant admits the plaintiffs’ ownership of the land and the withholding of the possession thereof, by defendant, but alleges that he was entitled to the possession by a lease from the plaintiffs, and denies that the rents or profits were of any value.

The action was tried by the court, and judgment was rendered in favor of the plaintiffs for the possession of the land, except a portion thereof described in the judgment, and for five hundred dollars as the estimated value of the rents and profits of that portion of the land wrongfully withheld.

The defendant appeals from the judgment and from an order denying his motion for a new trial.

1. On the appeal from the judgment the appellant contends that the description of that part of the land excepted from the operation of the judgment is'so indefinite and uncertain that neither the land excepted nor that recovered can be identified thereby; and, therefore, the judgment is void.

It is not denied that the demanded premises are definitely and…