Leonard

— This is an action to recover the possession of a tract of land in Santa Cruz County.

Plaintiff appeals to this court from a judgment of nonsuit rendered against him.

His complaint was in the ordinary form, and the evidence upon which the trial court acted in granting the motion for nonsuit was as follows:—

The tract of land which forms the subject of this litigation was a part of the Rancho San Andreas. Upon August 18, 1873, by partition proceedings, the tract in -■dispute was set apart to Mary J. Roache in fee. Upon December 13, 1873, it -was sold by the sheriff of Santa Cruz County, under and by virtue of an execution against her, to Edward Briody, who received a certificate of sale thereof containing the usual recitals. Upon June 12, 1874, Edward Briody conveyed it by grant, bargain, and sale deed to Margaret Curn. Upon January 22, 1880, it was conveyed in the same manner by John Cum and *545 Margaret Curn to Edward Leonard. Upon December 19, 1887, it was conveyed by Edward Leonard and Mary E. Leonard to James Joseph C. Leonard. Upon January 13, 1888, it was conveyed by the above-named grantee to the plaintiff in this action. From June 12, 1874, until some time in 1886,…