Martin

The plaintiff brought this action for the recovery from the defendants of a parcel of land in San Francisco, claimed by it to have been reserved as a school lot under the provisions of the Van Ness ordinance, and to belong to the school department of that city. The defendants, in their answer, in addition to denying the title of the plaintiff, alleged title in themselves, and pleaded as a special defense to the action the statute of limitations, and also pleaded a former judgment recovered by their predecessors against the city and county of San Francisco, as a bar to the plaintiff’s *211 right of action. The cause was tried by the court, and upon its findings of fact the court found as a conclusion of law that the plaintiff’s right of action was barred by the statute of limitations, and ordered judgment in favor of the defendants. From the judgment entered thereon the plaintiff has appealed upon the judgment roll alone.

The land in question is a portion of the pueblo lands which were confirmed to the city of San Francisco by the decree of the circuit court of the United States, May 18, 1865, and are within the charter line of 1851 of the city of San Francisco, being east of said…