Grimmesey

This is an action to establish a right of way over certain property described in the complaint belonging to defendants. The cause is pleaded in three counts. The first sets up a right of way acquired by grant, pursuant to section 1104 of the Civil Code; the second, a right of way by prescription arising from adverse use for more than five years, and the third is a quiet title count to the easement claimed.

The complaint alleges that the defendants owned a parcel of land comprising approximately 41 acres situated in the northwest corner of the intersection of Ruddock Avenue, running east and west, and Glendora Avenue, running north and south, in the eastern part of Los Angeles County, and that defendants on April 10, 1918, sold and conveyed to plaintiffs’ decedent the westerly portion of the land, comprising approximately 15 acres, and retained the easterly portion, containing 26 acres. The portion conveyed to plaintiffs’ decedent is for brevity referred to in the record as parcel No. 1, and the portion retained by defendants is designated as parcel No. 2. Parcel No. 1 is in form a parallelogram, running north and south, having a frontage on the south on Ruddock Avenue of 558.05…