Brown

Brown brought an action of ejectment against the defendant Clark and his tenant for the possession of a lot of ground in the city and county of San Francisco. The defendants denied that they had ousted the plaintiff from any portion of the lot described in the complaint, except twelve and one half feet- in width by thirty feet in length thereof. And as to this portion they set up, by way of cross-complaint, the right and title to the same in Clark, by virtue of the provisions of sec *199 tion 325 of the Code of Civil Procedure, and prayed that his title thereto might be quieted.

Upon the issue tendered by the cross-complaint, and the answer thereto, the court below sustained the contention of the defendants, and held that they were entitled to a judgment for costs, and that the defendant Clark was entitled to a decree quieting his title to the twelve and one half by thirty feet of the lot, which he claimed in his cross-complaint to be the owner thereof by adverse possession under claim of right, etc. From the judgment thereupon rendered, and an order refusing a new trial, the plaintiff, appeals:

The grounds upon which he claims that the court below erred in its findings for the…