Moody v. Palmer

— -The action is ejectment to recover the possession of a parcel of land in the western addition to the city of San Francisco. Both parties claim title in fee. The material facts developed at the trial are as follows: In 1852 Dyer and Cladding, who were partners in business, purchased the possessory claim to an uninclosed tract of about eighty acres of land and took the deed in the name of Dyer alone. There was at the time a small inclosure upon the tract for a chicken-yard. They entered into the actual possession of the part inclosed and continued to hold it until some time in 1853, when they made fences which, with fences already constructed by others, inclosed the whole tract. Shortly after making the inclosure they laid out the ground in blocks, lots, streets and alleys, and procured a map or plat to be made showing it as thus laid out. One of these streets they named Park avenue. They also, from time to time, sold and conveyed to various persons parcels of the tract, bounding them upon the streets so laid out. In July, 1854, Dyer made conveyances to Simmons and Folsom and to Bassett, commencing in one deed “at the northwesterly corner of Pine street and Park avenue,” *778 and…