Beattie

Ejectment. The property consists of certain lots in Hewitt’s addition to the city of Santa Rosa. Trial hy the court without a jury. Defendant Crewdson claimed title to the lots in question, and hy way of cross-complaint asked to have his title quieted. Defendant Michaels answered that he is not and has not been in possession since June 1, 1897 (the complaint was filed December 7, 1897), and defendant Pol-' lini claims that he occupies the premises as tenant of defendant Crewdson. Judgment was given in favor of Crewdson that he is the owner and entitled to possession and quieting his title. Plaintiff appeals from the judgment and from an order denying his motion for new trial.

The court found the following facts: That one Behmer in April, 1885, being the owner of the lots, sold the same for full value to defendant Crewdson by deed of conveyance, which said deed was not recorded and was afterward lost; soon after receiving his deed Crewdson took possession of the property under his deed, and immediately began improving the same, and erected a dwelling thereon costing eight hundred dollars, which was completed by the first of the year 1886, and he has ever since been in the actual…