Silveira

This appeal is one prosecuted by the defendants for the purpose of assailing and overthrowing a judgment entered herein in favor of plaintiff, whereby the latter was decreed to be entitled to an casement over a certain roadway leading from what is known as “Lucas Embarcadero” and up Gallinas Creek, in Marin County, to the public highway between San Rafael and Petaluma, together with a right to use said Embarcadero with sufficient convenient space around the landing place thereon for the shipment or transshipment of supplies, goods, produce, etc., to and from certain parcels of land held in tenancy by the plaintiff. These parcels of land are denominated in the record as Parcels “A,” “B,” and “C,” and are subdivisions of a larger tract of land, originally known as the Rancho San Pedro Marguerita y Las Gallinas, comprising an area of five leagues, being a rancho granted to one Timothy Murphy in the year 1844. The parcel of land owned by the defendants and upon which the rights and easements claimed by the plaintiff are sought to be imposed is designated in the record as Parcel “I” (one) and was also a subdivision of said original rancho. The said original rancho lay to the northward…