12 Utah 47 | Utah | 1895
The plaintiff brought this action to recover possession of certain unsurveyed lands of the United States, and for damages for the rents and profits of said premises. The case was tried, and a verdict and judgment rendered in his favor. This appeal is taken from the judgment roll, and the sole question necessary to be considered is whether the complaint states facts sufficient to constitute a cause of action. It is therein alleged that on the 19th day of March, 1890, the plaintiff was, and for a long time prior thereto had been, in the quiet and peaceable possession of the premises in controversy; that the premises were nnsur-veyed lands of the United States, and marked on the map as an island, and known as “Daw Newman Ranch;” that on the 19 th day of May, 1891, the defendant, with permission and consent of plaintiff, went into possession of the premises, as his agent and tenant, under contract, whereby the defendant' was to perform certain labor on the premises, and was to occupy the same while in the performance thereof, or for such length of time as plaintiff might permit; that on the 19th day of March, 1894, the. plaintiff made demand, in writing, of the defendant, for the possession of the premises; that more than five days had elapsed since the making of such demand; and that the defendant had refused for more than that space of time to quit possession. Such are, substantially, the material allegations in the complaint.' It will be observed that there is no allegation of title in the plaintiff. In fact, the contrary appears, for the premises consist of unsurveyed government land. Nor is there any allegation that the plaintiff had any right of possession, either when th.e defendant entered into possession, or when demand was made of him for the possession. Neither is there an allegation
