Shanahan

This is an action to recover possession of a certain piece of land. Judgment went for plaintiff, and defendants appeal from the judgment.

The court found that from" 1878 plaintiff was in the uninterrupted and quiet possession of the land in con *90 test, having it inclosed and using it for pasturage, and part of the time for purposes of cultivation, until January, 1892, when defendants, without right or title, entered upon said land and ousted plaintiff therefrom, and since then wrongfully withheld the possession thereof from plaintiff. Appellants contend that these findings are not sustained by the evidence; but we are satisfied that this contention cannot be maintained. The evidence, although somewhat conflicting, was of such a character as to put the determination of the facts entirely within the province of the court below.

Appellants, in their assignment of errors, say that “ there is no proof in the case that plaintiff has ever paid any taxes on the land in dispute prior or subsequent to April, 1878”; and in their brief they say that the findings are defective because they do not show that taxes were paid. No point as to the payment of taxes seems to have been raised at…