Hill

This is an appeal by plaintiff from a judgment against him in an action to quiet title to a certain narrow strip of land in block 53 of the Huber tract, in Los Angeles. The only question involved is that of the existing law arising out of the following facts:

On September 24, 1905, plaintiff purchased lot No. 7, in said block, the lot being described in his deed by its number with that of the block and tract.

The defendant, Caroline Schumacher, is the owner of lot 8 of said tract, and both the plaintiff and the defendant deraigned title from a common source.

The original map of the tract shows block 53 to be divided into ton lots of a uniform shape and size, each having a frontage of sixty feet on Hill Street by a depth of 165 feet. Resurveys made a short time prior to the commencement of this action show block 53 to have an actual frontage of 604.2 feet, instead of six hundred feet, as shown by the original map and survey, or an excess frontage of 4.2 feet over and above the six hundred feet shown by the original survey and plat for the ten lots into which the block was divided.

In about the year 1885, a fence was constructed at or near the common boundary line of lots 7 and…