Hibberd

These actions, which were consolidated and tried together upon the same evidence, were brought to determine ownership and possession of a certain tract of land consisting of eighty acres. The first action was one to _m.net ti+le, plaintiff alleging ownership and possession in herself and a wrongful claim to the same by defendant. The second action was a suit for possession of the land, wherein title was claimed by plaintiff and alleged wrongful possession by defendant.

At the trial plaintiff proved title by record based upon a United States patent. Defendant’s claim of ownership and right to possession was based upon a possessory • title. The trial court rendered judgment in favor of plaintiff, and defendant McCosker appeals.

The principal question involved is whether or not there was a substantial inclosure of the land by defendant as required by section 325 of the Code of Civil Procedure sufficient to support his claimed title by adverse possession.

There is no conflict in the evidence upon this subject, and no question is raised as to the payment of taxes or the duration of the adverse holding. The evidence in this respect shows that the land in dispute formed a portion of a…