Rose

This is an appeal from a judgment in favor of the plaintiff Emma Rose in an action wherein the plaintiffs sought to have it determined that the said Emma Rose was the equitable owner of a certain judgment for the sum of $15,560, which had been recovered by the defendant Henry Conlin in the case of Conlin v. Southern Pac. R. R. Co., 40 Cal. App. 743 , [ 182 Pac. 71 ].

The facts out of which that case and also the present case arose may be summarized as follows: The San Francisco & San Jose Railroad Company was incorporated under the laws of the state of California on August 18, 1860, for the term of fifty years, and for the purpose of constructing, maintaining, and operating a railroad between San Francisco and San Jose. On June 6, 1862, Alvinza Hayward, who was then the owner in fee simple of a tract of land at or near the city of San Mateo, conveyed to said San Francisco & San Jose Railroad Company an estate in a portion of said land which this cgurt, in construing the deed of conveyance thereof, determined to be an estate for years therein, or, to be specific, fifty years, in the case of East San Mateo Land, Co. v. Southern Pacific R. R. Co., 30 Cal. App. 223 , [ 157 Pac. 634…