Millett
Millett v. Lagomarsino
Opinion
lead Opinion
Temple, J.
Action brought to quiet title. The answer denies plaintiffs’ ownership and avers title in one of the defendants, John B. Cronan, under whom the other defendant holds.
Plaintiff recovered judgment, the court finding the allegations of the complaint true, and all the allegations of the answer untrue.
Plaintiffs’ sole claim of title is from adverse possession.
The lot in question is known as lot 2, and is one of many lots comprising about ten acres, which belonged at one time to the City Extension Homestead Association, and which, with other lands, were subdivided by the association prior to 1870.
Lot 2 was conveyed to John Tenney by the association prior to 1873, and the others to different owners. Lot 2 was one hundred feet square.
In November, 1873, Michael Millett entered into possession of the ten-acre tract and other lands under a lease for three years, executed by ten owners of lots in the tract, or in some portion of the lands formerly owned by the association, for the lease included other lands besides the ten-acre tract, which last-mentioned tract, however, was inclosed by itself.
The lessors did not claim undivided interests in the demised premises, but each owned…