Whitcomb

Are the lands described in appellant’s muniments of title, as by him offered and read in evidence on the trial, the same lands described in his complaint? seems to have been the ultimate question of fact submitted to the court below and presented on this appeal; or, in other words (there having been no evidence offered in behalf of defendant), does the evidence presented by appellant establish his title to the lands described in his complaint, or any portion thereof ?

The complaint minutely describes the demanded premises by metes and bounds, locating the same as in block No. 4 of White’s survey and addition to the city of San Jose, as laid down on the map of said city, and gives the abuttals of said block No. 4 as Taylor street on the north, Second street on the east, Jackson street on the south, and First street on the west, and further describes the same lands as comprising all of lots numbered 37, 38, 39, 40, 44, 45, 46, 47 and 48 in said block 4 of said White’s addition to said city of San Jose, as the same are marked down on the present map of the said city of San Jose.

On the trial, as evidence of his title to the demanded premises appellant introduced and read a grant…