Brind

This is an action brought by the plaintiff as administratrix of the estate of James Gregory, deceased, to recover possession of certain described lands alleged to belong to the estate of said Gregory. There are several defendants. In their answer they deny all right of possession of plaintiff, and each one of them sets up ownership to a part of the land in contest. Each defendant avers that he has been in the exclusive and adverse possession of the part of the land claimed by him for more than five years before the commencement of the suit, and pleads the statute of limitations. Judgment went for the defendants, and the plaintiff appeals from the judgment.

There appears in the printed transcript what purports to be an “engrossed statement on motion for a new trial”; and appellant contends that he has a right to have this statement considered-on this appeal from the judgment under the provisions of section 950 of the Code of Civil Procedure. But that section merely provides that any statement “used on motion for a new trial” may be considered on an appeal from a final judgment. In the case at bar it does not appear that any motion for a new trial was ever made or passed upon by…