Vance

Action of ejectment to recover a lot of land in the city of Eureka, Humboldt county. Plaintiff had. judgment, from which judgment, and from an order denying a motion for a new trial, defendants appeal.

The first point made by appellant for reversal is that the complaint does not state facts sufficient to constitute a cause of action. To properly present the question thus raised, it is necessary to quote from the complaint and answer, and to state some facts bearing upon the case. tThe complaint is in part as follows:

Defendants interposed a general demurrer to the complaint, but before a hearing voluntarily withdrew such demurrer and took leave to answer within twenty days.

The answer is in part as follows: “Deny that plaintiff was, on the first day of May, 1894, or at any other time, or at all, or is now, seised in fee and possessed and entitled to the possession, or seised in fee or otherwise, or possessed, or entitled to the possession, or otherwise, *536 of that certain tract of land set forth and described in the said complaint.”

The pleadings were verified, and, at the trial, no objection to evidence was predicated upon the insufficiency of the complaint.

It will be…