Robrecht

This is an action of ejectment to recover possession of a lot of land in the city of San Francisco. The complaint is in the usual form, alleging ownership *358 and right of possession in the plaintiff, and his ouster by defendants and the damages sustained. The answer admits that defendants are in possession of the lot, but denies that plaintiff is the owner or entitled to the possession thereof, and alleges ownership and right of possession in the defendant Beid.

The case was tried by the court without a, jury, and the findings and judgment were in favor of the plaintiff; from which judgment and an order denying their motion for a new trial defendants appeal.

The facts proved are in substance as follows: The lot in question is situated between Seventh and Eighth streets, and Folsom and Clementina streets. It has a width of twenty-five feet, facing on the two last-named streets, and a length of one hundred and sixty feet between them. There are two two-story buildings on the lot, one fronting on Folsom and the other on Clementina street, and there is a fence between them with a gate or opening through it for passage from one house to the other. Both houses were constructed for…