Galletly

Action to quiet title. Judgment was rendered in favor of the plaintiff, and the defendant has appealed.

The land described in the complaint is the southerly twenty feet of a tract of about forty acres bordering upon the county road from Watsonville to San Jose, and extending easterly therefrom about seventeen hundred feet, and which, for convenience of reference, is styled herein as tract “A.” The plaintiff is the owner of a tract of land, herein called tract “B,” contiguous thereto and lying easterly therefrom, and the defendant is the owner of a tract, called herein tract “C,” lying southerly from the above tracts and contiguous to each of them. All of the land was at one time owned by John S. Barrett, who, in September, 1884, conveyed to Ascencio Mendia tracts “A” and “B,” and in August, 1887, conveyed tract “C” to the defendant. September 30, 1886, Mendia conveyed tract “A” to Francisco Mora with the following reservation in the deed of conveyance: “The party of the first part reserves the right of way 20 feet wide along the boundary-line of the within mentioned tract and lands of J. S. Barrett; said right of way is to commence at the county road and along the line of lands…