McGovern

This is an action to quiet title to certain lands in the Laguna Survey, in San Francisco. Several defendants were sued, but only one defendant, George B. Mowry, appeals. His answer denied the plaintiffs’ title, and set up title in himself. The findings of the court are in favor of plaintiffs on all the issues, and the appellant attacks them upon the two' very material grounds,—“ 1. That there was no evidence that plaintiffs were the owners of the land; and 2. That the evidence established the defendant Mowry to be the owner.”

The evidence for plaintiffs establishes that they are husband and wife; that they inclosed the land in question with a substantial fence about March 1, 1882, and used it as a pasture until 1886, when they built a dwelling-house upon it, and have ever since resided there; that they filed a declaration of homestead upon the property in 1886; that a deed from the city under the Van Hess ordinance was made to them in 1883, and that their possession has been exclusive and undisturbed under claim of title since March, 1882. The suit at bar was begun on August 17, 1887. The alcalde grant covering the lot in question was executed on September 25, 1848, to one…