Goodwin

Ejectment for certain lands in the city and county of San Francisco. The cause was tried *693 by the court without a jury, findings of fact were waived, and judgment rendered in favor of the plaintiff. A motion for a new trial was denied, and from this order and the judgment the defendants have appealed.

The evidence offered by the plaintiff showed that his grantors had been in the undisturbed possession and occupancy of different parcels of the land described in the complaint—one of them from April, 1885, and the other from July, 1885, until December, 1890—when the defendant Scheerer took forcible possession of the entire land and ousted them therefrom, and remained in possession until after the commencement of this action. The action is brought against Scheerer and the city and county of San Francisco. The defendant Scheerer testified that a short time before taking possession he had obtained a lease of the property from the board of supervisors of the city, and had been put in possession thereof by the deputy superintendent of streets. The lease itself was not offered in evidence, nor was there any evidence given in support of the right of the city to make the lease, except…