Bergin

Action to quiet the alleged title of plaintiff to five undivided twelfth parts of a lot of land situtate in the city of San Francisco. The judgment of the trial court was in favor of the plaintiff, and the defendants appeal from the judgment and from an order denying their motion for a new trial.

The cause was tried by the court and findings were expressly waived. It appears that Francisco Soto, who died intestate in this state in 1856, was seized of the lot in question at the time of his death; and that he left surviving him five sisters and a brother who were his only heirs-at-law.

In March, 1866, two of these sisters conveyed to plaintiff an undivided half of all their right, title, and interest in said lot, by deed of grant, bargain, and sale, which was duly recorded August 10,1870. Thereafter, on April 7, 1868, three others of said heirs conveyed to plaintiff an undivided half part of all their right, title, and interest in said lot by a like deed, which was also recorded on August 10, 1870. And it is admitted that, by virtue of these conveyances, plaintiff was the owner of an undivided five twelfths of said lot at the time of the commencement of this action, unless he had…