Doheny

This is a suit to quiet title to property in Los Angeles, described as the west fourteen feet of lot 42 and all of lot 44 of the Ellis Tract, as per map recorded in book 10, page 91, miscellaneous records of said county. Plaintiffs also asked that the trial court decree that they had an easement of right of way over a certain private alley east of their east line, which alley is owned by defendants. Upon this latter point, the judgment was against plaintiffs, and this matter is not involved, therefore, upon this appeal, which is taken by the defendants from the portion of the judgment quieting title in plaintiffs to the property claimed to be owned by them.

The only dispute is over the title to a strip of land approximately seven inches wide by 138 feet deep along the east line of the property involved in this action. Plaintiffs have a house and sidewalk upon their land. The eaves of this house project to a point within about one inch of the boundary line as found by the trial court. In 1913 defendants erected a fence at a place which plaintiffs claimed was upon their land. This fence extends under the eaves of the plaintiffs’ building.

The plaintiffs and defendants, adjoining…