Manning

This is an action of unlawful detainer. The court finds the facts tending to show under what claim of right the defendant was in possession as follows: “That in the month of February, A. D. 1886, the house and lot of the defendant having been washed away by the Los Angeles River, that plaintiff, then residing upon the south half of lot 1, block V, of the Alviso tract, in the city of Los Angeles, represented to the defendant that he, plaintiff, was solitary, old, and infirm, and was liable at any time to attacks of sickness, and proposed to defendant that he, defendant, should erect a dwelling-house on a part of said lot, and should reside with his family therein, and agreed with defendant that in consideration of the erection of such building, and the payment of one half the taxes, state, county, and municipal, that might thereafter and during the continuance of said agreement be levied and assessed upon said half of lot 1, and of one half of the charge for water on said premises during said agreement, and in consideration that defendant should care for plaintiff in sickness, he, defendant, might occupy said house, erected by defendant on said premises, during the natural life of…