Rix

Plaintiffs appeal from an order refusing a new trial.

The action is to quiet title to a lot of land fronting nineteen feet on Pine Street, in the city of San Francisco.

Horstmann is the only defendant who answered, and he claims to have acquired title though A. Gf. Spencer, under a proceeding for the foreclosure of two mortgages executed by him.

It was admitted at the trial that the legal title is in Horstmann, unless the plaintiff has title by the adverse possession of himself or his grantor.

Since 1870, Alfred Rix, plaintiff’s father, has owned a lot on the corner of Pine and Powell streets in San Francisco, and upon it there has been a large boarding-house$ which has been kept by Rix, his wife superintending and managing 'it. It was known as 743 Pine Street. Adjoining, being 739 Pine Street, on the property in dispute, was a two-story house, of which it seems Alfred R.ix had possession as early as 1870. How he became *503 possessed the record does not show. This property has a frontage on Pine Street of nineteen feet. Next to it, easterly, at 737 Pine Street, was the residence of A. G. Spencer for three or four years beginning with 1870. After that he lived in the…