McCartney

The suit was brought against various parties to quiet the plaintiff’s title to numerous lots of land, comprising, among others, the lot in question; which is described as “lot 5, block 42, Ralph Rogers’ subdivision of blocks 41 and 42 of the Garvanza Addition No. 1, as per survey, map and record thereof, as appearing in book 15, page 54, Miscellaneous Records of said county.” The case was submitted upon an agreed statement of facts, which is substantially embodied in the findings of the court. Judgment was entered in favor of Seharff against the plaintiff and some of the defendants quieting his title to the lot in question. The plaintiff appeals from the judgment and an order denying her motion for a new trial.

From the agreed statement (which was the only evidence) it appears that both parties deraign title from Ralph Rogers, who was formerly the owner of the lot in question; and that on May 12, 1887, Seharff purchased from Rogers, for the sum of $425, the lot described in a deed from Rogers to Seharff of date August 2, 1888, as “lot No. 5, in block 42, at Garvanza, according to a map recorded in book No. 9, pages 45 and 46, Miscellaneous Records.” Rogers had previously conveyed…