Waddingham

This was a suit for an injunction to restrain the defendants from removing six buildings from the plaintiff’s land, and for damages for injuries sustained in that regard. The trial court gave judgment for the defendants, and the plaintiff appeals upon the findings. The findings show the following case: The plaintiff, who was the owner of two blocks of land in “Ontario Colony,” and of half of the streets in front thereof, made a contract to sell the land to the defendant’s assignor, who entered into possession, and paid the sum of $9,000 “on said contract.” While in posses *376 sion he caused the houses in question to be erected, but, being unable to pay the contractor, he made over the houses to him, and the latter sold them to the defendants, who proceeded to move them. It does not clearly appear whether the houses were erected upon the plaintiff’s blocks of land, or upon the streets in front thereof. But the counsel have assumed (what in all probability was the fact) that the houses were upon the blocks mentioned; and, following the lead of counsel, we have so assumed for the purposes of this opinion. “Said houses were built on redwood mud-sills of two-inch by six-inch timber;…