Plass

Action in ejectment. The trial was by the court, and at the conclusion of plaintiff’s testimony the court granted a motion for nonsuit and gave judgment for defendants, from which plaintiff appeals and comes here upon bill of exceptions.

The evidence was, that plaintiff is the son of defendant’s testator; that plaintiff’s mother, the testator’s first wife, died July 7, 1859; the defendant Catherine Plass is plaintiff’s stepmother, and the other defendant is his brother. Plaintiff testified as follows: “I was born in the state of New York on November 9, 1847; and subsequently came with my father and mother to California; my father had been here before that time; we went to reside on the tract of land first described in the complaint, and my father lived there continuously until he died in 1895.” The land referred to was acquired by plaintiff’s father by purchase October 11, 1856. The other land described in the complaint was deeded to plaintiff’s father July 3, 1863, four years after his mother died. A deceased sister of plaintiff died April 3, 1865, being then the wife of one N. C. Brooks, leaving one son who survived her, but is now dead. Brooks conveyed to one G-. A. Lamont his…