Eberhardt

I dissent. The action is ejectment to recover a small strip of land about four feet wide lying along the line between lots 1 and 2 in a certain block in the city of Sacramento. The court found that at the commencement of the action plaintiff was entitled to the possession of the disputed premises, and had been in the actual, exclusive and adverse possession thereof for ten years (and it -might justly have been twenty years) next before December, 1892, at which last-mentioned time defendant took possession thereof, and rendered judgment in favor of plaintiff for the possession of said premises.

I see no reason for disturbing the judgment. The record shows that the regular paper title to the west thirty-two feet of lot 2 was conveyed to plaintiff in 1872; and the evidence is amply sufficient to show that within *287 a year or two thereafter she inclosed by a fence the land thus conveyed to her; that the fence included the strip now here in contest; that since 1872 she continuously had a barn on her land which extended entirely over said strip; and that for a period much longer than ten years next preceding December, 1892, she was thus in the actual, exclusive, and adverse…

Ejectment for a piece of land about eighty feet long and four feet wide in a certain block in the city of Sacramento. It is admitted that plaintiff has the paper title to the “west thirty-two feet” of lot 2 in said block, and that she has paid the taxes thereon since the year 1871; also that defendant has like title to the south half of lot 1 in the same block, and that he and his predecessors in interest have paid the taxes thereon since that year. The west line of plaintiff’s land and the east line of defendant’s are coincident for the length of the parcel in dispute, which lies along such common boundary. In her complaint, filed December 23,1892, plaintiff alleged herself to be the owner of the demanded premises, *285 describing the same by reference to monuments, courses, and distances; that she and those under whom she claims have been in the adverse possession thereof, claiming title, for more than twenty years, and until she was ousted by defendant in December, 1892; that by reason of such possession “the plaintiff became and is the owner of said premises by prescription.” These allegations, excepting that of ouster, were denied by defendant. At the trial defendant produced…