Worn

On September 14, 1871, David Porter conveyed to Sidney V. Smith, the father of plaintiff, a tract of land described in the first paragraph of the complaint. The'deed contained this clause: —

Porter, in 1872, conveyed the remainder of his ranch to one Walker by deed, which contained a stipulation to the effect that the land therein described was conveyed subject to the right of way over it created by the deed from Porter to Smith; and in 1874, Walker conveyed the same land to Annie S. E. Worn by deed, which contained a similar clause. In 1881, said Annie laid out the property into blocks and lots for the purposes of an auction sale, and filed a map thereof in the recorder’s office, showing an avenue, called Linda Vista Avenue, sixty-six feet wide, on the line of the right of way named in the deed from Porter to Smith, and thereafter she conveyed the tract to appellant by a deed which included the strip in question. Smith, Sen., conveyed to plaintiff on January, 13, 1880, referring, in the deed, to the road sixty-six feet wide described in the deed from Porter. All of the deeds referred to were recorded, respectively, soon after they were executed. At the time Smith received his…