Bihler

The action was commenced before the Codes took effect, and its object is to quiet the plaintiff’s title to a parcel of land included in the “ Rancho de Herman,” which was granted by the Mexican Government to one Rufus, and the title to which has been finally confirmed and patented to Meyer, Bennitz, Hendy, Glein, and Duncan, as the successors in interest of Rufus. The petition for confirmation was filed in 1852, in the names of Meyer, Bennitz, Hendy, Glein, and Duncan, to whom the patent subsequently issued, and the plaintiff deraigns his title under Meyer and Bennitz, and the defendant Platt under Glein and Hendy—all subsequently to the filing of the petition for confirmation. The complaint avers that at the time of the commencement of the action the plaintiff was the owner in fee - simple absolute, and in the quiet and peaceable possession of the land described in the complaint, and that he and his grantors had been in the actual, quiet, adverse, and peaceable possession, claiming title under deeds purporting to convey the land to the plaintiff and his grantors for more than fifteen years last past. At the trial, the plaintiff deraigned his title through—first, a deed from Rufus…