Fowler v. Lane Mortgage Co.

Basing his right so to do upon the provisions of section 707 of the Code of Civil Procedure, plaintiff, as the purchaser of a tract of land at judicial sale, brought this action to recover from defendant as tenant for the use and occupation of the same during the period fixed for the redemption thereof. He had judgment, from which defendant has appealed.

The complaint contains two counts, in one of which it is alleged that defendant as tenant was in possession and control of the land; and in the other, that O. T. Sutton farmed the same under an agreement to pay defendant for the use thereof a…