Anderson

J.—The action is in ejectment. Plaintiff showed title in itself by mesne conveyances from the patentee of the United States government. Defendant relied upon title by prescription. The land, consisting of about one hundred and twenty acres, is situated in the counties of Alameda and Contra Costa, approximately one-half in each county. Taxes were levied and assessed upon these lands. In every instance where these taxes were paid they were paid by respondent and its predecessors in interest. In no instance were any of them ever paid by appellant or his predecessors in interest.. But to this appellant urges that he is not claiming title by adverse possession under section 321 et seq. of the Code of Civil Procedure, but that he is claiming title by prescription under sections 1006 and 1007 of the Civil Code. We are therefore asked to say that the legislature provided for the acquisition of title by simply occupancy and nothing else, which title is a full and complete title by “prescription,” arid that it also provided for the acquisition of a similar title by occupancy for the same length of time, with the additional requirements specified in section 325 of the Code of Civil…