Kashow

This is an action by the plaintiffs to quiet their title to a strip of submerged land under the waters of San Francisco Bay in the town of Tiburón, Marin County. It is a portion of a larger tract of submerged tide-lands and is a narrow parcel, seventy-five feet long and seventeen feet wide, upon which is located a wharf sixty-seven and one-half feet in length and eight feet in width extending into the waters of the bay from the shore to a point beyond the line of low tide.

The defendants are the owners of the upland adjoining the land which is the subject of this controversy.

In their answer to the complaint the defendants admit that the title to the strip is in respondents and set forth that they have acquired by prescription the following easements and riparian right in the land described in the complaint, viz., the right of fishery, a right of way over said land from the bay of San Francisco to their lands and the right of having the waters of the bay flow over the strip in question to defendants’ lands.

A motion for new trial was made and denied, and the appeal is from the judgment.

In their opening and closing briefs the appellants state that they abandon their claim as…