Harvey

The plaintiff claiming title to certain real property, and out of possession, brought this action under section 738 of the Code of Civil Procedure to quiet his title and secure possession. Judgment went against defendant, and he appeals therefrom, and also from the order denying a motion for- a new trial.

The title to the parcel in dispute was originally in plaintiff’s intestate, John G. Downey, and now rests in his heirs, represented in this action by the above-named administrator, unless a new title has been created in defendant by adverse possession for the statutory period. Defendant’s title is dependent solely upon the question of the payment of taxes upon the land in controversj^ he having been in exclusive possession of the same under a claim of right for a term longer than that required by the statute.

In the year 1876 defendant became the owner of a tract of land fronting seventy-eight feet, more or less, upon Main street, in the city of Los Angeles, and extending in depth to the center of the block about one hundred and sixty-five feet. J. G. Downey, plaintiff’s intestate, at the same time was the owner of a tract of land fronting seventy-eight feet, more or less, upon…