Green

Action to quiet plaintiffs’ alleged title to one hundred and sixty acres of land situated within the present boundaries of the county of San Mateo, The action was tried and judgment rendered in favor of plaintiffs, except as to a life estate in the defendant Delana Green, in October, 1888. The defendants moved for a new trial on a statement of the case, which was settled and allowed by a succeeding judge on January 21, 1893. This appeal by the defendants is from an order denying their motion for a new trial, made January 11, 1893.

The land in controversy was pre-empted in 1863 by Havilah Green, husband of the defendant, Delana Green. He declared a homestead upon the premises January 2, 1865, and died July 21, 1865. After his death the land was entered by his heirs, and a United States patent was issued to them on January 10,1868, pursuant to United States Revised Statutes, section 2269. On December 28, 1867, the defendant, Jasper N. Green, and his brother, John R. Green, two of the sons and heirs of the deceased, Havilah Green, executed a grant, bargain, and sale deed of the land to their brother, Henry H. Green, under whom the plaintiffs claim title by descent, as his heirs.…