Alexander v. Letson

FOSTER, Justice.

The parties seem to agree on the questions of law involved on this appeal, without passing on each assignment of error.

There are two counts in the complaint. One is for trespass quafie clausum fregit, and the other is for use and occupation of the same land. Some of the pleas to which demurrer was sustained set up the defense that defendant entered upon the premises under a foreclosure deed, whereby a mortgage from plaintiff’s predecessor in ownership to defendant was foreclosed and continued in possession throughout the period laid in the complaint as a bona fide holder of…