Winchester

Action in ejectment. Judgment for defendant, and plaintiff appeals from judgment and from an order denying her motion for a new trial.

The complaint alleges ownership and possession by plaintiff of a strip of land fronting on Montecito street eight feet and six inches, and extending at the same width one hundred and seventy-five feet into the east quarter of block 273 of the city of Santa Barbara, along the southwesterly line of said quarter; and that the defendant, on August 1, 1906, ousted her from the possession thereof. The answer is, in effect, a general denial.

Plaintiff showed no connection with the paramount source of title, but the record contains this recital: “It is agreed by the parties hereto, plaintiff and defendant, that the basis of title is contained in a deed from Isaac J. Sparks to Ramona Trussel, which deed conveys to the grantee named therein, a tract of land known on the official map of the city of Santa Barbara as Square 273, and bounded by Ranchería, Castillo, Gutierrez and Montecito streets.” This deed is dated September 1, 1858, and was recorded September 3, 1858, in the records of Santa Barbara county. Plaintiff also introduced in evidence three other…