McGuiness

Plaintiff brought this action to quiet his title to a strip of land of which he holds the record title but which is in the possession of the defendant Jane Lester and within her inclosure, they being the respective owners of adjoining parcels of land. The defendant William Lester filed a disclaimer and Jane Lester will be referred to as the defendant. Henry McGuiness will be referred to as the plaintiff. Judgment was entered in favor of the defendant and the plaintiff has appealed.

In the year 1917 the Pacific Improvement Company owned a tract of land near the town of Dunsmuir, containing 80 acres. About 20 acres on the west end of the tract “is waste land, nothing but gravel and overflow.” An “old river channel divided the agricultural (land) from the gravel and sand.” “There is about 9 acres lying east of the river channel that is flat agricultural land, very good soil.” The remainder of the land apparently lies in the hills and is valuable only for the timber upon it. S. D. Root “was a brick mason and handled sand and gravel at Dunsmuir. Mr. Root was figuring on a new project” and “was quite anxious to get this gravel. ... He didn’t want the agricultural land.” Dali Kalbaugh…