Pearson

Action to recover for use and occupation of premises. . Judgment for plaintiff for three hundred and sixty dollars. Motion for a new trial, which was denied. This appeal is from the judgment and order. The court below filed findings, and in the brief of the appellant no finding is attacked for insufficiency of the evidence, and we will therefore take the facts as found by the court below and as admitted by the pleadings. On December 14, 1892, defendant was living upon the premises described in the amended complaint with his father, who was the owner thereof. Plaintiff was on said day the owner of a note secured by mortgage upon said premises. While defendant was so living upon said premises, and while plaintiff was so the owner of said note and mortgage, and on said fourteenth day of December, 1893, defendant and plaintiff entered into an agreement whereby plaintiff agreed to foreclose his said mortgage and to bid in the. lands therein described, and, upon receipt of a sheriff’s deed, to execute to defendant a deed to said premises subject to a certain prior mortgage held by one Gray, and to take and receive from defendant his note and mortgage for the amount due the plaintiff on…