Owens

This is an action to have it declared that plaintiff is the owner of a certain lot of land, with a dwelling-house thereon, situated in the city of Eureka, county of Humboldt, state of California, and known as lot 13, in block 8. The defendants are the widow, Alice McNally (who is also sued as administratrix), and the other heirs-at-law of Lawrence McNally, deceased. Judgment in the court below went for the plaintiff, and the defendants appeal from the judgment.

Some of the facts in the case are stated in the opinion of this court in Owens v. McNally, 113 Cal. 444 , although there are other facts in the case at bar which do not appear in the former case. In the case at bar, we are concerned only with the first count of the complaint, which states, in substance, the following facts: In the year 1881 plaintiff, who was then eighteen years of age, lived with her parents- in the state of Michigan. The said Lawrence McNally, deceased, was the brother of plaintiff’s mother, and lived at that time in the city of Eureka, in Humboldt county, California, where he continued to reside until his death, in 1893. In 1881 the deceased was a bachelor about fifty-four years old, and was the owner…