Trenouth

— This case has been here before ( 63 Cal. 405 ). It is an action to establish a trust by one claiming to be co-tenant, with others, of a tract of land in San Mateo County, and for other relief in connection therewith.

The question determined on the former appeal seems to have been that the findings of fact, to the effect that the defendants held an adverse possession of the lands in dispute for a time sufficient to bar the plaintiff’s right of action was not sustained by the evidence. That finding was, in substance, that the plaintiff’s cause of action accrued more than four years before the commencement of the action, and that there had been a continuous adverse possession by the defendants for more than five years prior thereto.

It was then said that the only evidence to sustain the finding was that of one witness (Mr. Teague). Upon the trial of the case now on appeal, which seems to have been tried with a view to obviate the objection sustained on the former appeal, there was other evidence, which tended at least to show that all of the contesting defendants held adverse possession for more than five years after plaintiff’s right of action accrued before suit brought. First,…