Pitcairn

Appeal by defendant from a judgment and order denying a new trial. The action was one to determine conflicting claims to a certain twenty-five foot strip of-ground lying between tracts of land owned by the respective parties. Plaintiff in her complaint alleged exclusive ownership and right of possession thereto, which was denied by the answer, and defendant, in addition, filed a cross-complaint in which he claimed the exclusive ownership and right of possession as against plaintiff.

The court found that plaintiff was the owner and entitled to such possession, and that defendant had no right or interest therein. This appeal rests upon the specification of error in relation to the inaccuracy of this finding. It appears from the evidence set out in the statement on motion for a new trial that in 1883 one Wharton acquired a tract of land in the city of Pasadena containing forty-one acres, the northerly line of which tract extended from the intersection of the center line of Hill avenue with the center line of Colorado street easterly along the line of Colorado street a distance of eighteen and sixty-five hundredths chains. No conveyance of said tract by Wharton appears to have been…