Ernst

This is an action to determine conflicting claims to real property under the provisions of section 749 of the Code of Civil Procedure. The allegations of plaintiff’s complaint bring him within the provisions of that section of the code and also embrace every averment required under section 738 of the Code of Civil Procedure to quiet title to real property.

The property described in the complaint is the east half of lot No. 2, and a strip of land contiguous thereto in lot No. 3, all of said land being in the block bounded by Ninth and Tenth and “O” and “P” Streets, in the city of Sacramento, and designated by counsel as “the colored school lot.”

All of the defendants, with the exception of defendant Tiel, either filed disclaimers or suffered their defaults to he entered. Defendant Tiel answered, denying plaintiff’s ownership of the land described as a portion of lot No. 3, alleged title thereto in himself, and asked that the same be quieted.

The court found that the plaintiff is now, and that he and his predecessors in interest have been, in the actual, exclusive, and adverse possession of the land in controversy, continuously, for fifty years prior to the filing of the…