Lemos

Plaintiffs brought this action to quiet the title to a certain tract of land alleged to be owned by them.

The complaint alleges that defendants claim some interest in said land, but that the same is without right. Defendants by their amended answer deny that they have no interest in said land and aver that they own an easement or right of way across it and that they and their grantors and predecessors have owned, used and occupied said easement and right of way continuously for the past seventy years. They allege that said easement consists of a wagon road leading from a public highway known as the Haskell Hill or Alpine road across the said land of plaintiffs to the adjoining land of defendants; that there is no other road or way by means of which ingress or egress can be had to said land of defendants, and that if this road is closed it will deprive defendants and all other persons of a right of way to defendants’ said land. They further allege that they had their land surveyed and subdivided into lots for sale to members of the Native Sons of the Golden West for summer resorts and that more than twenty of these lots have been sold and that during all of this time plaintiffs…