Dickerson

The Southern Pacific Land Company, a corporation, brought a suit against defendant Dickerson for the purpose of quieting title to and recovering possession of certain land in Imperial County, California, and for damages for withholding possession of said land. The answer of defendant specifically denied the material allegations of the complaint and, in addition, interposed the de fense of the statute of limitations and pleaded title by adverse possession. The cause was tried before the court sitting with a jury and a general verdict was returned in favor of the defendant. Plaintiff made a motion for a new trial, based principally upon the insufficiency of the evidence to justify the decision; that the decision was against law, and on account of errors occurring at the trial. From an order granting a motion for new trial defendant appeals.

The controversy involves the ownership of certain real property described as being part of tract 188 of township 13 south, range 14 east, San Bernardino meridian. It appears that a part of the grant made by the United States government to the Southern Pacific Railroad Company included section 5 of the said township, and the principal question to…