Kindsfater

This is an appeal from a summary-judgment in favor of the plaintiffs and from a dismissal of a cross-complaint, in an action brought to recover possession of, and to quiet title to, certain real property.

The complaint, after alleging the capacity of the executors, alleges that the defendant Kindsfater entered upon the premises for farming purposes under a written lease for a one-year period dated October 8, 1944, and that he continued in possession thereof year after year through the cropping season for the year 1956; that he failed to proceed with the farming operations for the cropping season of the year 1957 and that on April 9th of that year plaintiffs entered upon the property and installed thereupon a new tenant, who thereafter did the farming. It is then alleged that while Kindsfater surrendered those portions of the premises used for farming, he continued to retain possession of a dwelling house and a small adjacent area and had refused to vacate the same. The complaint contained a second count cast in the classic form of a suit to quiet title. The plaintiffs prayed for a judgment ordering Kindsfater to vacate the premises he retained and prayed that he be compelled to…