Staples

— Action to quiet title to an undivided half of a quarter section of land situate in the county of San Joaquin. The judgment was in favor of the plaintiff, and defendants have appealed therefrom and from an order denying their motion for a new trial.

Robert Coffee, who is admitted to have been the source of ' title, conveyed an undivided half of the quarter section to the defendant, Mary P. Staples, in March, 1870; and it is not disputed that she remained a tenant in common with him until the second day of June, 1875, at which time it is claimed by plaintiff that he ousted her, and thence maintained a continuous adverse possession of her interest until September 11, 1888, when he conveyed the whole quarter section to Alice L. Hudson, who continued the adverse possession until September 20, 1890, when she conveyed the entire quarter section to the plaintiff.

This action was commenced October 15, 1890. The court found all the essential elements of a continuous adverse possession by Robert Coffee, Alice L. Hudson, and plaintiff, except notice to Mary P. Staples of its hostile character, from June 2, 1875; until the commencement of this action; and further found, substantially, that…