Cooper

Action to quiet plaintiff’s title to a tract of land containing about two thousand acres situate in the county of Monterey. The defendant, by its answer, disclaimed any title or interest in the land, *438 except to a defined strip thereof, forty feet in width, extending across the tract, which it alleged was a public highway, and as such was under the supervision and control of the defendant for the use of the general public; and that it had been traveled and used as a public road by the general public during a period of thirty years next before the commencement of the action.

The court found that a part of said strip, twenty feet in width, extending across the tract, “has been continuously and uninterruptedly traveled and used by the general public as and for a public road or highway ever since 1872; and that “the same is a public highway”; and “that such use of said portion of said land as a road or highway by the general public has been with the knowledge Of plaintiff and without objection on his part.” Thereupon, to that extent, and for the use of the public as a road, the court adjudged that defendant’s title be quieted.

From this judgment, and from an order denying his…