Zilmer

Action to recover from the defendants the possession of a small piece of land containing two and a half acres, to which the plaintiff claims ownership and the right of possession. The defendants deny the alleged ownership and right of possession, and allege that they own the demanded premises and are rightfully in possession thereof.

At the close of the evidence on the part of plaintiff the defendant moved for judgment of nonsuit and their motion was granted. Plaintiff appeals from the judgment and from an order denying his motion for a new trial, and contends that the court erred in granting the nonsuit and also in rejecting evidence offered by the plaintiff.

No brief has been filed in this court on behalf of respondents, and although I have endeavored to supply that deficiency so far, at least, as the labor of counsel may be properly imposed upon the court, the result is, possibly, not so favorable to respondents as it might have been if such labor had been performed by their counsel.

Plaintiff put in evidence a United States patent, dated May 20, 1872, granting to F. E. Bailey lots numbered 1, 2, and 3, section 31, township 10 south, range 1 west, Mount Diablo meridian, and…