Albertson

On December 31, 1917, the plaintiff filed a complaint in the trial court, asking that the trial court adjudge him to be the owner of, and that the defendant was holding, a certain piece of property in Alameda County as trustee for the plaintiff. The defendant filed an answer in which he denied the allegations stated in the complaint, and as a second defense, he pleaded a certain judgment in bar, and he also filed an amendment to his answer in which he set forth the statute of limitations.- A trial was had, in which all the issues so made by the pleadings were fully tried out. In other words, the judgment of the trial court did not turn solely on the statute of limitations, nor solely on the plea of a judgment in bar, but rested on all of the issues. The judgment of the trial court was in favor of the defendant. The plaintiff has appealed, and has appeared in person during a part of the proceedings, and latterly Sawyer & Sawyer, attorneys at law, did, as a matter of charity, prepare and present to this court a brief on behalf of the appellant. The appellant’s brief makes four separate points: (1) that

appellant is the owner of the land; (2) that the deed to MacFarlane is a…