Parker

This is an appeal from a judgment for defendants following an order of nonsuit. The action was to quiet title in the plaintiff to certain easements upon the lands of defendants alleged to be appurtenant to the land of plaintiff. Appellant contends that the nonsuit was improperly granted.

The facts of the case are briefly these: In 1890, W. W. Thompson and Horace B. Chase were the owners in common of certain lands in Napa County. On May 7th of that year, this land was partitioned between them. Thompson received by the partition deed the southern half of the original tract and Chase received the northern half. By mesne conveyances the southern half became the property of the present plaintiff and the northern half became the property of the defendant Swett. By the partition deed, above referred to, Thompson, the predecessor in title of plaintiff, reserved to himself five servitudes or easements over and upon the northern half of the land, which land is at this time the property of the defendant Swett. These easements are expressed as follows in the par. tition deed: ,

“And the said party of the first part hereby excepts and reserves from the operation of this conveyance unto…