delivered the opinion of the court.

Section 897 of the Code of 1880 declares that “ the State and each county shall be entitled to the benefit of all actions to which individuals are entitled in a given state of case,” and secures to the State the right to bring “ unlawful detainer ” in the state of case provided for by § 538, and its vendee may bring this action as the State could.

Judgment reversed, and cause remanded for a new trial.