Muzio

This is an appeal by plaintiffs from a judgment in favor of defendants in an action to quiet title to an alleged easement. Plaintiffs claim that the servient tenement is a parcel of land now owned by the estate of Charles Erickson, deceased, and which adjoins plaintiffs’ land.

The essential facts, as shown by the findings, which are not attacked, are as follows: Nathan and Isaac Goldtree were the owners of a parcel of land in block 14 of the - city of San Luis' Obispo fronting on Monterey Street. On August 21, 1882, the Goldtrees, by grant deed, conveyed to one Oaks the westerly part of this tract, retaining the easterly part. For convenience, the part so conveyed to Oaks will be designated as the “Oaks lot,” and the part retained by the Goldtrees as the “Goldtree lot.” By mesne conveyance, plaintiffs have become, and are, the owners of the Oaks lot, and Charles Erickson, since deceased, became the owner of the Goldtree lot. Defendant Meta Erickson is the executrix of the last will of Charles Erickson, deceased. The other defendants are lessees of the Goldtree lot. At the time of the conveyance to Oaks, there was a two-story frame building on the Oaks lot. This building fronted…