Crawford

In 1898 Will C. Crawford, husband of plaintiff, acquired title to five acres of land in Orange County. He died in 1912 and the property was distributed to his wife in the probate of his estate. C. B. Lewis was the owner of the property adjoining the Crawford land on the north. The title to the Lewis land passed through mesne conveyances to the defendants in 1931.

From 1898 to 1931, the owners of the two adjoining properties used a way between the two tracts. This way was three hundred and ninety-two feet in length and extended. from the center of a public road on the west to a tool-house near the north line of plaintiff’s property.

The complaint is in the form usually found in actions to quiet title. It alleged ownership in the plaintiff of a way, six feet in width, over the defendants ’ land. The findings of fact found a right of way four feet in width over defendants’ land appurtenant to plaintiff’s property. Judgment was entered following the findings.

The findings were served upon defendants’ counsel four days prior to their being signed and filed. The provi sions of section 634 of the Code of Civil Procedure, as in effect at the time of the trial, where it was required…