Appeal from the District Court, Fourth Judicial District, City and County of San Francisco.

Ejectment to recover possession of a tract of land in the city of San Francisco, bounded as “commencing at a point on the south line of California street, distant one hundred and nine feet nine inches west from the southwest corner of Yan Ness avenue and California street; running thence west on the said south line of California street, one hundred and forty feet; thence south and parallel with Yan Ness avenue, two hundred and seventy-five feet to the north line of Pine street; thence east on said line of Pine street, one hundred and seventy feet; thence at right angles north and parallel with Yan Ness avenue, one hundred and twenty feet; thence east and parallel with Pine street, seventy-nine feet nine inches to the west line of Yan Ness avenue; thence north along the west line of Yan Ness avenue, seventeen feet six inches; thence west and parallel with California street, one hundred and nine feet nine inches; thence north and parallel with Yan Ness avenue, one hundred and thirty-seven feet six inches to the south line of California street, and point of commencement.”

Park avenue was one hundred and seventy feet wide, and extended from Pine street to California street, as the two latter streets were laid out by the commissioners appointed by the city. Pine and California streets extended nearly east and west, while Park avenue ran nearly north and-south. Pine street, at the time Dyer made the conveyances to Folsom and Simmons and Bassett, had not been extended westerly so far as the Dyer and Gladding tract. California street, as afterward extended west to the same place, lay parallel with Pine street, two hundred and seventy-five feet north of it. The deed from Dyer to Folsom and Simmons described the land conveyed as commencing at the northwesterly corner of Pine street, if continued; thence westerly along Pine street, five hundred feet; thence at right angles northerly one hundred and twenty feet; thence at right angles easterly five hundred feet to the Park; thence at right angles along the Park one hundred and twenty feet to the place of beginning. The deed from Dyer to Bassett bounded the land conveyed as commencing at the northeast corner of Pine street and Park avenue; thence running easterly along the line of Pine street two hundred and fifty feet (250); thence at right angles one hundred and twenty feet (120); thence at right angles running westerly two hundred and fifty feet (250) to Park avenue; thence at right angles southerly along the Park one hundred and twenty feet (120) to the point of beginning.

It will be perceived that the land conveyed to Folsom and Simmons lay on the west side of Park avenue, while that conveyed to Bassett lay on the east side of Park avenue, and that if distances alone were to be considered in construing the deeds, the respective tracts of land were bounded on the east and west sides by Park avenue. The defendants claimed under Folsom and Simmons and Bassett through the deeds which Dyer gave them in 1854, and also under deeds given by Gladding to Bassett and Folsom in 1861, and the plaintiff claimed under a later deed made by Dyer in 1868. The defendants had a verdict and judgment, and the plaintiff appealed.

The tract in controversy was between Larkin street and the charter line of 1851, and was, therefore, subject to the provisions of the Yan Ness Ordinance.

The other facts are stated in the opinion.