Spotswood

This is an action to quiet title. The complaint is in the usual form. The answer denies that plaintiff is the owner or in the possession of any part of the property in controversy, or has been for several years, and alleges that defendant is and has been since 1891 and 1892 the owner and in possession of the whole of said property, and avers that plaintiff claims some interest in the same which is without right, and asks for judgment quieting defendant’s title to said property. The findings follow the denials and averments of the answer. The judgment is the appropriate conclusion from the findings and is in favor of defendant and respondent. From this judgment and from an order denying his motion for a new trial, plaintiff brings this appeal.

The reliance of appellant is exclusively upon a title by prescription. There is no controversy that at the beginning of the action and for a long time prior thereto, the record title was and has been in respondent. A portion of the property was deeded to him by appellant on July 16, 1891; another portion by J. A. Cooper, January 7, 1892, and the residue by A. F. Redemeyer, October 18, 1892. Appellant claims that the conveyance to respondent…