Buckley

This is an appeal from a judgment in favor of the plaintiff in an action of ejectment. The premises involved in the action consist of five small strips or plots of land lying along a line between two larger portions of Mission block 109 in the city of San Francisco, which are owned respectively by the plaintiff and defendants herein.

The facts of the case as disclosed by the evidence are these: In the year 1892 one Daniel Einstein became the owner of that portion of Mission block 109 having a frontage of one hundred feet on Twenty-second Street by a uniform depth of one hundred feet six inches. It was then unimproved and was somewhat precipitous, lying, as it did, upon, the eastern slope of what is known as 11 Sanchez Street hill. ’ ’ Einstein presently undertook to improve this property by first causing a survey to be made of its exterior boundaries and by proceeding to have it graded and subdivided into four lots, each having a frontage of twenty-five feet on Twenty-second Street and a uniform depth of one hundred feet six inches'. The lines dividing these lots were determined by the person grading and subdividing the tract through the use of a cotton string stretched from…