Clough

This is an action to quiet title and for a mandatory injunction restraining interference with an easement. Judgment went for the defendant, from which plaintiff prosecutes this appeal.

F. Dudley Tait owned a parcel of land at the southeast corner of Hyde and Francisco Streets, in San Francisco, having a frontage on each of the streets named of ninety-seven and one-half feet. On the seventh day of May, 1914, Tait sold to the plaintiff the easterly thirty-five feet on Francisco Street, and granted to him in the same deed as an appurtenance to the lot sold an easement of light, air, and right of way three feet wide across the sixty-two and one-half feet of the lot retained by Tait at the extreme rear thereof. The entire lot at that time was unimproved and in its natural condition, and the easterly end of the three-foot strip where it connected with the parcel conveyed to Clough was approximately six or seven feet higher in elevation than the sidewalk on Hyde Street. In the month of December, 1914, and during Clough’s absence from San Francisco, and without his knowledge or consent Tait, in connection with the construction of a residence upon the portion of the lot retained by him,…