Connelly

— The action is ejectment to recover the possession of a lot of land described as lot 2 of block 280, in the city of Yallejo. At the trial the plaintiff deraigned title to the demanded premises under a patent from the state of California purporting to convey twenty-five and eighty-eight hundredths acres “of state tide lands,” bounded on one side by a line drawn along the “bank” of Napa bay, and on the other by “the line of low-water mark at spring .tide,” and having a width at one end of three and forty-five hundredths chains and at the other of four and seventeen hundredths chains.

The patent bore date April 3, 1863, and purported to have been issued under the provisions of the act of the legislature of the 21st of «April, 1858, entitled “An act providing for the sale and reclamation of the swamp and overflowed lands of this state. ’ ’ The plaintiff also proved that the lot in question was tide land situate between the lines of ordinary high and low tides.

No testimony being offered on the part of the defendant, the court r.'ndered judgment against the plaintiff on the ground that he had failed to show any legal right or title to the premises sought to be recovered.

The appeal…