Hart

On August 25, 1911, plaintiff brought suit under the McEnerney Act to establish her title to two parcels of land situated in the city and county of San Fran cisco. In its amended answer appellant set up title to a portion of one of these parcels, but the court found in favor of plaintiff as to all land claimed by her. The appeal is from the whole of the judgment and the order denying the motion for a new trial, although no error is claimed except as to a portion of one lot of the land. The situation is explained by the following diagram, the land in dispute being the shaded portion:

It is stated by appellant that “neither party claimed title to the disputed territory by direct chain of title from a paramount source. Plaintiff’s claim reduces itself to an assertion of title by prescription under a conveyance in 1878 from a party who did not deraign title from any paramount source of title. Appellant claims by prescription under three separate conveyances, none of which are from grantors shown to be connected with the title of plaintiff’s grantor.” During the trial it was also stated by appellant that its only claim “is that of adverse possession.” The conveyances upon which…