Masterson

This is an action in ejectment, the land in controversy consisting of a strip ten feet by twenty-five feet. Both parties claim through deeds from Ottinger and Brooks. The deed to respondent and the deed to the predecessor of appellant Margaret were each dated and acknowledged September 30, 1862. Respondent and appellant bought their respective lots at an auction sale, and the particular tract in dispute is included in both deeds. Ottinger and Brooks were the owners of one hundred vara lot No.. 149, situated at the corner of Second and Townsend streets in San Francisco, and for the purpose of selling the same to *433 advantage made a plan or map of the lot, subdividing the same into smaller lots, numbered consecutively from one upwards, and caused this map to be filed in the office of the county recorder. After the map had been filed the property was offered for sale at public auction at the auction rooms of John Middleton & Son, where there was an enlarged copy of the map, and the lots were sold by reference to said map. Upon this map a street called “ Stanford street ” was laid out parallel with Second Street, and one hundred and sixty feet distant therefrom. At this auction sale…