Christy

This cause has been before the court on two former occasions. ( 68 Cal. 73 ; 84 Cal. 541 .) The action is ejectment, and the plaintiff's title is derived from one Randall, to whom the land in question was allotted in an action of partition, entitled Randallv. Winter, brought by him against his co-tenants in the late twelfth district court, and in which the appellant herein was one of the defendants. The interlocutory decree in that action was rendered October 13, 1871, and the referee who was appointed under its provisions to make partition of the land involved in the action made his report to the court August 2, 1875, and a final decree affirming this report, and awarding the lands in controversy herein to Randall, was rendered December 23, 1875. The plaintiff herein succeeded to the rights of Randall in the land so allotted to him August 23, 1880, and on the 5th of October, 1880, commenced the present action. The defendant in its answer denied the title of the plaintiff, pleaded the statute of limitations, and also alleged ownership in itself. Judgment was rendered in favor of the plaintiff, and from that, and also frornan order denying its motion for a new trial, the defendant…