<p>Appeal from the County Court, County of Merced.</p> <p>Action of unlawful detainer for holding over after the expiration of the term. The complaint alleged that, on or about the 1st day of November, 1872, the plaintiff, byverbal lease, leased to the defendants, a section of land in Merced County, and a dwelling house on an adjoining section, for the term of one year from November 1, 1872, for the rent of one half the crops. That the term had expired, and the defendants continued to hold the premises, and that the plaintiff, on the 12th day of November, 1873, demanded in writing a surrender of the premises, and that more than five days, since the demand, had elapsed, and the defendants refused to surrender. The action was commenced November 26, 1873. The answer, after denying the allegations of the complaint, proceeded as follows:</p> <p>“ Plaintiff agreed, on or about the 1st day of November, 1872, that defendants should enter upon the premises described in complaint, and defendants to cultivate the same in grain—wheat, barley, etc., plaintiff to furnish all seed to sow on the said land described in complaint, and to furnish the feed for the stock to farm and cultivate the land until the grain was harvested and sacked, and plaintiff was to have one half of all the grain raised upon the premises, after the same was harvested. Plaintiff also agreed to furnish sacks for his half of the grain so raised. The defendants were to furnish their own teams and labor to cultivate said land, and, the plaintiff was to have one half of all the grain raised, as above set forth; the defendants to have and to hold the premises for two years, or two cropping seasons upon the above named terms. It was further agreed at the time aforesaid, that all the land that defendants plowed, broke up and cultivated in grain the first year or cropping season, that defendants should have the right and privilege of volunteering, or putting in a volunteer crop for the second year, or second cropping season upon the same land. The above agreement was verbal, and agreed and consented to by both plaintiff and defendants; that under said agreement defendants entered into possession of the premises described in the complaint, and have continued and are still in possession of the same, and their right to farm and cultivate the premises described in complaint has not yet expired.</p> <p>“ Defendants aver that in the months of August and September, 1872, they cultivated and farmed the premises for a volunteer crop of grain—wheat, barley, etc., for the coming season, or second year of the agreement hereinbefore set forth and described, and that they labored and cultivated the premises as last aforesaid, with the full knowledge, con-., sent and approbation of. the plaintiff.”</p> <p>The Court below, on motion of the plaintiff, rendered judgment for him on the pleadings. The defendant appealed.</p>
