Goodnow

Action to compel a conveyance and to quiet title. The land in controversy is within “ block or lot No. 2 of William Gordon's subdivision of the Rancho Canada de Capay, as laid down on the map recorded December 12, 1871, Records of Yolo county, Book M of Deeds, page 2.”

At the time this subdivision was made the grant had not been finally surveyed by the United States, but by such final survey a portion of the lands included in said block 2, as subdivided and platted by Gordon, was excluded from the grant. The precise date of the segregation of the grant does not appear, but from the testimony of Mr. Nurse it was as early as 1872.

On June 4, 1872, Gordon conveyed said block 2 to William H. Troop by the above description, including the reference to the recorded plat, “ containing six hundred and sixty-seven acres.”

On October 11, 1872, Troop conveyed an undivided one-half of said block to R. H. Newton, by the same description, and on September 5, 1876, Newton conveyed his said undivided one-half to the defendant Parker.

On December 14, 1876, Troop and Parker, in pursuance of a verbal agreement to partition the lands owned by them as tenants in common by an east and west line…