Mills

— Plaintiff appeals from the judgment and order refusing a new trial.

The action is to quiet title to a strip of land in Los Angeles sixteen feet wide, extending westerly from Main Street, along Second Street, and constituting a portion of Second Street as now laid out and used.

The answer denies the title of plaintiff, avers title in defendant, and dedication of the land as a public street.

It is admitted that Los Angeles was a Mexican pueblo, and continued to be such until its organization under the laws of the state in 1850, and that the land was a portion of the pueblo lands.

In 1842, Tomas Urquidez took possession of a tract of land which included the land in controversy, and erected an adobe building which extended entirely across what now Second Street, near the junction of Main and Second; and the strip claimed by plaintiff, who derives title from Urquidez, was continuously inclosed and occupied up to 1887.

A patent was issued to the city of Los Angeles for the pueblo lands in 1875, and another in 1876. Plaintiff shows no grant for the lands from the pueblo or the city, or any other source except from Urquidez, and those who succeeded him as grantees. But he claims…