Orack

Action to quiet title. Judgment was rendered in favor of the plaintiff, quieting his title to the land described in the complaint as against the defendant Powelson, but refusing to quiet it as against the defendant the city and county of San Francisco. The plaintiff has appealed from the judgment, presenting his appeal upon the judgment-roll without any bill of exceptions.

The land involved in the action is situated in the city and county of San Francisco on the southerly line of Golden Gate avenue one hundred feet easterly from Scott street, and having a frontage of twenty-five feet with a depth of one hundred feet. The court found that the plaintiff deraignshis title by mesne conveyances under a so-called pre-emption claim of one Henry Merritt, made in 1850, which embraces the land described in the complaint; and it also found that “the plaintiff, by himself and his predecessors in interest, has been in open, notorious, exclusive, and adverse possession of said premises and every part thereof, and has paid all taxes levied and assessed thereon for city, county and state purposes for a period of more than ten years next before the beginning of this action.” By virtue of the…