Nemo

The action was brought to quiet title. Defendants Lizzie Kincaid and Rosanna Farrington filed an an swer and cross-complaint putting in issue the title of plaintiff and setting up a chain of title culminating in said Eosanna Farrington and asking that her title be quieted as against any claim of plaintiff.

Both parties insist upon title by “adverse possession.” Plaintiff also claims by virtue of a judgment in ejectment rendered in favor of plaintiff’s grantor against the said Eosanna Farrington. The latter also claims the record title by mesne conveyances from the grantee of a tax deed.

1. The evidence shows that on December 1, 1879, a complaint was filed in the district court for San Joaquin county by Alfred Fairbanks, plaintiff’s grantor, against Patrick and Eosanna Farrington in which it was alleged that plaintiff was, on or about the fifth day of November, 1879, ever since has been and now is the owner in fee of the property here in controversy and entitled to the possession thereof; and that said defendants, on November 5, 1879, unlawfully entered into possession of said property and still withhold it. The value of the rents was also set out and the prayer followed the…