Gray

Victoria P. de Magee, who died in 1886, left as a part of her estate a mountain ranch consisting of several hundred acres, only a part of which is tillable land. Her estate has never been closed and Hugh Magee, as one of the executors, has been in personal charge of these lands since 1913. He is also the owner of a tract of several hundred acres of land immediately adjoining the estate lands on the west. There is an old adobe house on the estate lands, some 300 or 400 feet easterly from the private land of Hugh Magee, which was erected there some years before these lands were acquired by Victoria P. de Magee. Between 1911 and 1913. Hugh Magee built a barn on his own land near the west line of the estate land and a few hundred feet northeasterly of the adobe house, and in 1927 or 1928 he built a house near this barn.

In 1924 the plaintiff established a home on a portion of the Hugh Magee land referred to, under some arrangement with him, doing some clearing and irrigating, as well as erecting several buildings. At that time he entered by following a road over the estate lands past the adobe house to the Hugh Magee barn and thence over the Hugh Magee land in a southerly direction…