Macdonough

The plaintiff commenced this action to obtain an injunction restraining the defendants from removing a building from a lot of land owned by him.

The ease was tried, and the findings and judgment were in favor of the defendants. The plaintiff appeals from the judgment and an order denying his motion for a new trial.

It appears that in 1881 one Bartlett was the owner of beach and water lot Ho. 586, in the city of San Francisco, and leased the same to the defendants from month to month for a lumber-yard. The defendants erected on the lot the building in question to be used by them as an office in conducting their business. The building was a one-story wooden structure twenty feet square, and for its foundation they placed mudsills on the sur *18 face of the ground, and on these mudsills were short posts on which the main sills rested.

The defendants occupied_the lot as tenants of Bartlett, and paid him monthly rent therefor until about September 1,1885, when he sold and conveyed the same to one Jennings. Jennings recognized and renewed the said lease, and the defendants thereafter held and occupied the lot as his tenants from month to month; and it was understood and agreed by him…