Noe

This is an action to quiet title to a lot of land situate in the City and County of San Francisco. The complaint is in the usual form. All of the allegations of the complaint are denied as to one-third of the lot of land referred to. The defendants also set up in defense the Statute of Limitations; and for another and separate defense (styled the third defense) pleaded, that on the 17th day of March, 1862, one José de Jesus Noe, the father of the plaintiff, was the owner of the tract of land in controversy, and also the owner of a tract of land whereon one Deering resided ; that said Noe died on the day just named, leaving a will, whereby he devised to plaintiff the tract of land whereon Deering resided, and by the same instrument devised to Dolores, Jesus, and Vicente Noe, in equal shares, the lot in suit; that on the 14th of July, 1862, the will of José de Jesus Noe was duly probated by the Probate Court for the City and County of San Francisco, and on the 13th of December, 1872, a decree of distribution was duly made by said Probate Court, under which decree the plaintiff has, ever since it was entered, held and possessed the lot on which Deering. resided, and thus *209 elected…