The plaintiff is the owner in fee of the premises described in the affidavit filed in this action. The defendant is in possession of said premises, claiming as a sublessee of the lessee of the plaintiff. At the date of the commencement of the action the sublease had not expired. However, prior to said date, the lessee of the plaintiff, under whom the defendant claims, had forfeited and surrendered all his rights under the original lease.

On these facts shown by all the evidence, there was no error in the trial. The judgment is

Affirmed.