Patchett

This action was instituted in November, 1892, by John A. Patchett and his four children to have their title quieted to a tract of land in San Luis Obispo county. The defendant corporation by its answer alleged title in itself to a strip sixty feet wide across the said tract, and pleaded in bar of the action the statute of limitations. The court below gave judgment against the defendant, from which it has appealed on the judgment-roll.

The facts found are in substance as follows: The plaintiff, John A. Patchett, and one Amanda Patchett, were husband and wife, and on December 9, 1880, were divorced. The land described in the complaint was community property owned by them, the title standing in the name of the husband, but no division or disposition of it was made by the decree. After the divorce and on the same day John A. executed to Amanda a deed of the said property, which was duly acknowledged and recorded on the day of its date.

It recited: “ That whereas the parties hereto have heretofore been husband and wife, and whereas a decree of divorce has been this day made and entered in the superior court of the county of San Luis Obispo, state of California, dissolving the…