Schwerdtle

Appeal from the judgment alone. Action to quiet title to a strip of land, and to restrain defendant Clines from committing threatened acts of trespass upon the property. The land in dispute is claimed by the county as a public highway, and Clines is one of its road overseers. The defendant county pleaded “ that for more than twenty years last past prior to the filing of the complaint that certain piece of road .... known as the ‘ Dotan’s Bar and Carrolton road,’ as it ran through and across the lands described in plaintiff’s complaint, was and is now a public highway, known, recognized, and treated as such by the road officers of Placer county, and duly constituted such in the manner required by law.” Upon this somewhat vague averment trial was had, and the court found: “That the plaintiff is the owner in fee, and, as such' owner, was in the possession of said real property for more than five (5) years continuously prior to the commencement of this suit; that during said five years prior to the commencement of this suit, state and County taxes were regularly levied upon all of said real property, all taxes have been paid by plaintiff within said five years; and during all of said…