Vanderbilt

After a decision by the district court of appeal a rehearing was granted in this case in order that we might further examine the two principal questions, which were as follows: 1. Was the evidence of plaintiff’s actual possession of the property sufficient? and 2. Was the abstract of title offered and accepted in evidence by the trial court properly admissible under the provisions of section 1855a of the Code of Civil Procedure? As we agree with the answer of the district court of appeal to the first question, we adopt a part of its opinion upon that subject, as follows:—

Here follows a catalogue of appellant’s specifications of alleged error, and then the opinion thus proceeds:

The trial court permitted the introduction in evidence of certain abstracts made up and certified long after the fire of April 18, 1906, and based partially upon Edwards’s Abstracts of Records or Breviate. Under section 1855a of the Code of Civil Procedure as it existed at the time of the trial, this ruling was erroneous. (Dahler v. All Persons etc., ante, p. 160, [ 124 Pac. 995 ].) It is suggested, however, that section 1855a of the Code of Civil Procedure having been so amended since the trial that the…