Costello

This is an action to quiet title to a right of way. The plaintiff and the defendant are the owners of adjoining ranches. The plaintiff’s ranch is known and referred to in the testimony as the “Marion ranch,” one Joe Marion being the plaintiff’s grantor or immediate predecessor in interest. The defendant’s ranch is known and likewise referred to as the “Benton ranch,” one Colonel Benton having, a trifle over four years prior to the trial of this action, conveyed the same to the defendant.

The plaintiff claims an easement in a certain portion of the land of the defendant in the nature of a right of way, extending from his ranch to a point on the north side of a public or county road leading from the town of Port Jones to the town of Gazelle, in Siskiyou County, and which is known and designated in the pleadings, the testimony and the findings as the “Moffit Creek-Gazelle wagon road.” The right of way in question is alleged in the complaint to be twenty feet wide, the same being ten feet on each side of a center line specifically described in the complaint. The complaint alleges that the plaintiff “is now and for the past twenty years immediately preceding the filing of this…