Myers

This action was brought to quiet the plaintiff’s title to a right of way over a strip of land eighteen feet in width, the fee of which is in defendants. Defendants deny that the plaintiff is the owner of the right of way, and ask to have their title quieted as against the plaintiff. Findings were filed, upon which judgment was entered for plaintiff. This appeal is from an order denying the defendants’ motion for a new trial.

The question is as to whether or not the plaintiff is the owner of the alleged right of way. The court finds in effect that the defendants’ predecessors and grantors dedicated the said strip of land as an alleyway about the year 1883, and that ever since the plaintiff has openly, notoriously, continuously and peaceably, under a claim of right so to do, and adversely, used said strip of land as an alleyway for ingress and egress to and from the lot of land owned by plaintiff and particularly described in the complaint.

The findings are fully supported by the evidence, which we do not deem necessary to state in detail.

Prior to the year 1883, one Comerford was the owner of Horner’s Addition Block 94, in the city and county of San Francisco, bounded by Duncan…