Quint

Action to quiet plaintiff’s alleged title to a tract of swamp and overflowed land, containing ninety-one acres, situate in Marin County. The action was brought against Leander Quint in his lifetime, for whom the administratrix of his estate was substituted before trial. Judgment passed for plaintiff, and defendant appeals therefrom, and also from an order denying her motion for new trial.

The defendant claimed title by a grant, bargain, and •sale deed from plaintiff, reciting a paid consideration of $150, and executed January 18, 1879.

The plaintiff claims title by a tax deed executed to him by the .tax collector of Marin County on March 1,1880, and also by prescription, alleging adverse possession under the tax deed during five years before the commencement of the action.

The recitals in the tax deed show that the taxes for which th.e land was sold to plaintiff were state and county taxes assessed to John De Frieze for the fiscal year ending June 30,1879, amounting to $1.55, and that the property was sold to plaintiff for this sum, plus .costs and charges, altogether amounting to $2.73.

The title w.a.s not traced to any higher source than the plaintiff, though the description…