Cohn

This is an appeal by the defendant, Leffingwell, from a judgment adverse to him and quieting plaintiff’s title to the real property in controversy.

In 1868 the government of the United States patented to William Hyer the fractional northwest quarter of section seven (7), township seven (7) south, range thirty-three (33) east, in the district of lands subject to sale at Stockton, California. In 1869 Hyer conveyed the same land to John B. Clarke, the predecessor in interest of both plaintiff and defendants. In 1880 Clarke and wife conveyed a portion of this land to Briggs who, in turn, in 1888, conveyed the same parcel of land to Cohn, the husband of the plaintiff in this action. The description common to both of the deeds immediately hereinbefore mentioned is as follows: “Commencing at the north line of the saloon lot known as J. M. Horton’s saloon and running thence north and parallel with the main street in the town of Bishop Creek, one hundred (100) feet; thence west and parallel with the school-house street one hundred (100) feet to the line of said saloon lot formerly owned by J. M?. Horton; thence east and along the line of said saloon lot one hundred (100) feet to the place…