Mattes

Action brought by plaintiff to recover possession of a quarter section of land. Trial by jury and verdict for the defendant, followed by a judgment in his favor. Appeal by plaintiff from the judgment and an order of the court denying his motion for a new trial.

The only point raised on this appeal is that the verdict of the jury is not supported by the evidence.

The case has been before this court before ( 21 Cal. App. 552 , [ 132 Pac. 295 ]) and for a full statement of the facts reference is made thereto. The defendant is the holder of the record title to the land, a patent therefor having been issued to him by the United States government on the nineteenth day of May, 1892. The plaintiff claims that he has acquired title to the land since the issuance of the patent by five years’ continuous uninterrupted adverse possession on the part of his grantor. The verdict of the jury is an implied finding that plaintiff did not show title by adverse possession. Does the verdict of the jury find substantial support in the evidence Í We think it does. For brevity we shall refer to the land involved in this-action as the “Hall” land.

The elements necessary to constitute an adverse…