Richert

Plaintiff brought this action against the City of San Diego to quiet title to certain land within the city limits of the City of San Diego. The complaint contains the usual averments. The answer denies plaintiff’s ownership and right to possession and admits that the defendant claims a right to the property in question.

The cause was tried upon an agreed statement of facts. The court found that plaintiff was the owner in possession and entitled to the possession of the property in question; that defendant claimed title to said property, but that the same was without right. Judgment was given in favor of plaintiff.

The defendant, City of San Diego, urges as grounds for reversal, (1) that the statement of facts contains only probative as distinguished from ultimate facts and therefore findings are necessary, that the findings as made are insufficient because the elements of adverse possession are not severally found, that, even if the court’s findings are sufficient, the agreed statement is insufficient to support them because the agreed statement contains no sufficient facts regarding the hostility of the possession or the notice to defendant of such possession; (2) that…