Steckter

The plaintiff brought this suit to quiet title to certain real property situated in Napa county. The pleadings upon which the action was tried were the amended complaint and the amended answer thereto, and were verified. The issues tendered by the pleadings involve the claim by the plaintiff of the right to the possession of and title to the land in dispute and the alleged ownership of the same in the defendant Ewing. The answer pleads the statute of limitations (Code Civ. Proc., sec. 318) in bar of plaintiff’s cause of action. The court, from the proofs, found in favor of the claim of the respondents that they held title to the property in controversy by adverse possession and caused judgment to be entered dismissing plaintiff’s complaint.

It is from said judgment, accompanied by a bill of exceptions, that this appeal is taken.

The premises in dispute are a part of what is known as the Caymus grant, situated in Napa county, and consists of a tract of land, with appurtenances and improvements, embracing, approximately, forty-seven and forty-two hundredths acres, upon which the appellant and her husband, John Steckter, now deceased, filed a declaration of homestead on the ninth…