Lantz

The district court of appeal rendered an opinion, prepared by Mr. Justice Richards, affirming the judgment in this case. It is as follows:

“This action was originally commenced by one T. A. Davis against the city of Los Angeles to quiet title to a strip of land described as ‘the westerly four hundred feet of lot A of the Euclid Heights Tract as per map thereof recorded, ’ etc., of which the plaintiff claimed to be the owner and entitled to the possession. The answer of the defendant denied that the plaintiff was the owner or entitled to the possession of said tract or any portion thereof, and alleged that said defendant was the owner of an easement over the said property for its entire width and length for street purposes. The defendant further alleged that for more than five years prior to the commencement of the action it had been in quiet and peaceable possession of said strip of land, holding and claiming the same for street purposes adversely to the plaintiff and all other persons, and that plaintiff’s alleged cause of action was barred by section 318 of the Code of Civil Procedure.

“Subsequent to the commencement of the action the present plaintiff was substituted in the…