Colonial & United States Mortgage Co. v. Elsea

The opinion of the court was delivered by

Mason, J.:

The Colonial and United States Mortgage Company on January 15, 1906, sued J. P. Elsea and J. M. Thralls upon an implied contract to pay rent *107for about five quarter sections of land belonging to it which were within an inclosure used by them as a ranch and pasture. The plaintiff obtained judgment and the defendants appeal. The case was tried upon an agreed statement, which showed these facts, among others:

From a time previous to 1901 the defendants used as a pasture a tract of land about three miles wide and five and a half miles long,…