Sheehan

Plaintiff James C. Sheehan brought this action under the provisions of the McEnemey Act to quiet title to a lot of land situated at the northwest corner of Broderick and Greenwich Sreets, in the city and county of San Francisco. Defendant Fidelity Bond and Mortgage Company answered, alleging that it was the owner in fee simple of an undivided- one-half interest in said property, and praying that its title thereto be quieted. The case was tried by the court and judgment was entered quieting the title to an undivided one-half interest in the plaintiff James C. Sheehan and the other undivided one-half interest in the defendant Fidelity Bond and Mortgage Com pany. From this judgment the plaintiff James C. Sheehan has prosecuted this appeal.

The record before us discloses these facts: Hannah Sheehan, at the time of her death, was the owner of the entire title to the real property in question and resided thereon with her son James C. Sheehan, the plaintiff, and her daughter Anna Sheehan. Hannah Sheehan died testate in the city and county of San Francisco on the first day of December, 1904; her estate was duly probated and this property was on July 31, 1905, distributed according to her…