Flint
Flint v. Lovdall
Opinion
Lead Opinion
Belcher, J.
This is an action to recover possession of a strip of land in Yolo county, described as being about seventy-two feet wide and two thousand two hundred feet long. The complaint was filed February 13, 1893, and contains two counts, the first alleging a forcible entry upon the land by defendants on January 24, 1893, and the second alleging an entry upon the land on the same day, and a forcible detention thereof.
The answer of defendants denies all of the material averments of the complaint, and alleges that “they have been in the quiet and peaceable possession of the premises mentioned in the complaint for more than one whole year continuously next before the commencement of the action, and that their interest therein *553 has not ended or determined, and that by reason thereof plaintiff is barred from asserting any claim, or complaining in any way of or concerning any forcible entry, or forcible detainer, or unlawful entry or detainer.”
The cause was tried before a jury, and the verdict and judgment entered thereon were in favor of defendants. Plaintiff moved for a new trial, and his motion was denied. From that order this appeal is prosecuted.