Mecartney

This is a suit to quiet plaintiff’s title to a strip of land described as “ that certain strip of land twelve and one-half (12£) miles in length, situate in the county of Contra Costa, state of California, commencing at a point on San Pablo creek, on land owned by H. Brockhurst, in said county, and running thence in a westerly and southerly direction to the Alameda county line in said state, together with a railroad track thereon and all the substructures and superstructures supporting the same, and the appurtenances, which, during all said times, were, and now are, used by said plaintiff to *620 pass, repass, and occupy, witli trains, engines, and cars belonging to it.”

The defendant pleads title acquired through a tax sale for taxes due for the fiscal year ending June 30, 1891. The plaintiff recovered judgment, and defendant appeals therefrom and from an order denying a new trial.

Respondent, to sustain the judgment, points out a great many alleged defects in defendant’s pleading and in the evidence.

We do not think it necessary to notice all of them, for, if any one is well founded, the judgment must be affirmed.

1. We think the notice of redemption, as it is called, is…