Bernal v. Hovious

Cope, J. concurring.

This is an action for the possession of five hundred and twenty sacks of oats, ninety-three sacks of wheat and two hundred sacks of barley, alleged to be the property of the plaintiff, and to have been unlawfully taken and detained by the defendants; and arises upon the following facts: Some time in 1857, one José Maria Vasques entered into a verbal agreement with one Nicholas Bernal in relation to the use and cultivation of a farm situated in San Mateo county. The agreement is called by the parties a lease. The substance of Vasques’ testimony with reference to it is, that…