Cullen

0.—■ This is an action for partition of pueblo lot No. 1111 of the lands known as the pueblo lands of the city of San Diego.

The appeal is from an interlocutory judgment determining the rights of the parties as to their respective interests in said lot, and from an order denying a new trial.

The rights of the appellants rest upon their deraignment of title from the city of San Diego under a deed from the city, executed October 25, 1869, to James W. Cullen, purporting to convey a tract in the southeastern portion of said lot, specifically described by metes and ■ bounds, and forming a rectangular piece of land forty chains in length and twenty chains in ividth.

The rights of the respondents depend upon their deraignment of title from the city under two deeds from the trustees of the city, dated March 1, 1869, to William Evans, one for “that lot of land containing sixty acres lying in block No. 1111, according to the official map of said city, made by Charles H. Poole, A. D. 1856,” and the other for “that lot of land containing forty acres lying in block 1111,” according to the same map. The deed for the sixty acres recites, in substance, that- the president and trustees, in…