Gardner

This is an action to quiet plaintiffs’ title to an easement, and to restrain defendant from interfering with the use by plaintiffs and their tenants of a stairway in the rear of defendant’s building, and the maintenance by said tenants of their professional and business signs in the passageway and entrance to said stairway, such right being claimed under an easement alleged to have been created by deed.

Judgment was for defendant and plaintiffs appeal from the judgment.

From the findings it appears that during the year 1886 one Chas. A. Gardner, who was the owner of a lot numbered 1 on a certain subdivision of lands situate in the city of Pasadena (said lot being located at the southeast corner of Colorado street and Fair Oaks avenue of that city), entered into an agreement to sell to Bates and Janes the north seventy-five feet of said lot. Bates and Janes, in September, 1886, conveyed to defendant their interest in the lot acquired under the agreement. On April 9, 1887, Gardner made a conveyance of the seventy-five feet to defendant by a deed, a copy of which is attached to the complaint and marked “Exhibit A” and contains the following reservation:

Prior to the date of that…