Roger

This is an appeal by defendant from a judgment quieting plaintiff’s title to a special easement of right of way over and upon certain land described in the complaint, declaring certain fences erected thereon by the defendant to be nuisances which the plaintiff is entitled to abate, and forever enjoining the defendant from maintaining or erecting any fences thereon or in any way interfering with the plaintiff’s free use thereof.

The complaint alleged that the plaintiff ever since the seventh day of December, 1906, had been the owner of a parcel of land situated in the city and county of San Francisco, conveyed to him by the defendant, and described as follows: “Commencing at the point formed 'by the intersection of the westerly line of Shotwell street with the southerly line of 26th street, running thence southerly along the westerly line of Shotwell street 97 feet to its intersection with the northerly line of Serpentine avenue,- thence along the northerly line of said Serpentine avenue north 69%° west 32 feet more or less to a point; thence northerly,” etc., under which description the said lot of land had been conveyed to him by the defendant and his wife. Then followed an…