Horton

This appeal is taken from a judgment entered in favor of plaintiff, quieting title as against defendant in a certain tract of land in the county of San Diego. There is also an appeal from an order denying defendant’s motion for a new trial.

It appears from the record that the land which is made the subject of this controversy, consisting of about seventy-five aeres, is hilly in contour and suitable generally for grazing purposes. The sole ground upon which plaintiff based his claim was that of possession acquired immediately before the commencement of this action and evidenced by the building of a wire fence about the tract. We gather from the transcript that counsel for the plaintiff was the chief mover in the enterprise to acquire a title to this property, for said counsel in his testimony admitted that he had never seen the plaintiff; that he had a contingent interest in the outcome of the suit, and had no claim of title other than that depending for its validity upon bare possession. He testified as follows: “The pos session was taken with the expectation of commencing suit, os in the case of Davis v. Crump [ 162 Cal. 513 , 123 Pac. 294 ] under section 1006 of the Civil Code,…