Roberts

This is an action in ejectment to recover a strip of land about six feet wide and one hundred and fifteen feet deep off the south side of lot 9 in block 11 in the town of Red Bluff. Judgment was for plaintiffs. The appeal is from the judgment and order denying a motion for a new trial. The complainant alleges that plaintiffs are owners in fee of the disputed strip. The answer denies this and also sets up section 318 of the Code of Civil Procedure as a bar, with the further defense of the establishment of a boundary between plaintiffs and defendant by acquiescence for at least thirty-eight years. The land in dispute is a part of the townsite of Red Bluff, which townsite was laid out on government land, and under act of Congress, Revised Statutes, 2387 (U.S. Comp. Stats. 1901, p. 1457), was, by the government of the United States, patented to the county judge of Tehama county in trust for the several use and benefit of the occupants. Ever since November 25, 1867, the defendant has occupied this six feet of the south side of said lot 9 as a part of his residence grounds and had the same inclosed with his other grounds by a substantial fence. The patent for the townsite was issued in…

For reasons fully stated in Biddick v. Kobler, I concur in the judgment. Chipman, P. J., concurred. A petition to have the cause heard in the supreme court, after judgment in the district court of appeal, was denied by the supreme court on April 10, 1906.