McMillan

Action to quiet title. The suit was instituted by plaintiff to quiet title to a narrow strip of real property located on the north side of Geary Street between Kearny Street and Grant Avenue in San Francisco, having a frontage of inches on Geary Street and a depth of 122 feet 6 inches. Defendant’s answer contained the usual formal denials, and in addition contained a second count in the alternative which is the real basis of the controversy of the parties. This count alleges that defendant and defendant’s predecessors in ipterest have paid taxes which were duly assessed to them by the county assessor upon said strip of real property for the fiscal years commencing 1907-1908 up to and including the fiscal year of 1928-1929, and prays that if it be determined that plaintiff is the true owner of the property that defendant have judgment against the plaintiff in the sum of $1232.35, the total amount of taxes erroneously paid by defendant and his predecessors in interest, together with interest from the date of the respective payments of said taxes to the date of the entry of said judgment, and that in default of the payment of said amount, the defendant’s lien upon said property for…