Paige

Suit to enjoin defendant from harvesting and removing a crop from plaintiff’s land. The defendant had judgment, and the plaintiff appeals therefrom, and also from an order denying his motion for a new trial.

Certain special issues were submitted to a jury, and these being found in favor of the defendant were adopted by the court and incorporated in the general findings, all of which, appellant contends, were not justified by the evidence; and he also specifies several particulars in which he alleges the court erred in its rulings upon matters of evidence.

During all the time covered by the evidence the plaintiff resided in the city of San Francisco, and owned large quantities of land in the counties of Stanislaus and Merced. About ten years before the commencement of this action the defendant became a tenant, or cropper, upon a portion of plaintiff’s land in Merced *404 county known as the “ Gardner ranch,” and farmed it two years upon shares. At the expiration of that time the defendant was employed as agent and foreman in charge of all plaintiff’s lands in said counties, with authority to rent the same, collect the rents, and negotiate the purchase and sale of land. Afterward,…