Taylor

The plaintiff, Henry W. Taylor, appeals from a judgment quieting his title to twenty-four and one-half acres of land in the Claremont district of Berkeley, subject to a right of way across it, adjudged to belong to the respondents, E. D. Walden and Virginia E. Walden.

The parties claim from a common source of title. E. E. Hewlett and lone Fore Hewlett, his wife, the common grantors, acquired title to twenty-seven acres of land, bounded on'the north and east sides by a deep canyon with, precipitous sides. Between the land and the nearest public roads on those sides intervened the lands of other owners. The land abutted on the south upon the Alvarado road. In 1912 the Hewletts sold to the Waldens two and one-half acres in the northeast corner of the twenty-seven acre tract, where the respondents established their home. The only means of access to it was from the Alvarado road over the remaining twenty-four and one-half acres. Coincident with the conveyance to the Waldens, the grantors and the grantees named in the deed executed an instrument in which they were respectively designated as “first party” and “second party.” Its effective words were that “the first party hereby agrees…