The record states that the court cannot find either that the plaintiff owned the land for the use and occupation of which he seeks to recover, or that the defendant owned it. They both claimed to own it. No exception was taken to this part of the findings. The action being to recover for use and occupation, the plaintiff failed to make out a case entitling him to judgment. This is conclusive of the case, regardless of the exceptions saved by the plaintiff.

Judgment affirmed.