Leonard

This is an action to recover possession of 16.73 acres of land described by metes and bounds, and situate in Santa Cruz County.

Defendant Eugene Flynn disclaims all interest and possession.

Defendant Patrick Flynn denies the allegations of the complaint; alleges title in himself; alleges that the cause of action is barred by the provisions of sections 312, 318, and 325 of the Code of Civil Procedure; “that another action is pending between the same parties, asking for the same relief; that for a long time prior to November 12, 1884, defendant’s grantor was seised in fee and possessed of said tract of land, and upon said day she transferred her interest therein to defendant, who thereupon entered into the actual possession of said land, and ever since that time has had and now has the actual, exclusive, notorious, and adverse possession thereof, against all the world, claiming the same in his own right, and during said time has paid all the taxes assessed thereon.”

Defendant also sets out facts which he claims constitute an equitable estoppel against plaintiff.

As conclusions of law, the court found, “ that defendant and his grantor had been in the adverse possession of the…