Widbur

This is an action to quiet title to a tract of land in the county of San Diego, and both parties claim under the Trustees of the city of San Diego, in whom it is admitted the title was. The deed to the plaintiff was first in date and first recorded, and if it included the premises in controversy it is clear that the subsequent deeds to Lowenstein and Mary Kearney conveyed no title to the premises included in the deed to the plaintiff. The point in issue is whether the deed to the plaintiff included the land in controversy, which is described in the complaint and deed, as follows: “Beginning at a stake designated the northwest corner of quarter section No. 1,124; running thence due north twenty chains to a point; thence at right angles due west forty chains to a point; thence at right angles due south twenty chains to a point; thence at right angles due east forty chains, to the place of beginning; containing eighty acres, in the southern part of quarter section No. 1,118—that is to say, according to the official map of said city, made by Charles H. Poole, A.D. 1856, and on file in the office of the Secretary of said Board.”

It clearly appeared in evidence that in the year 1868,…