Freer

The plaintiff in his complaint alleges that he and the defendant are the owners as tenants in common of a certain tract of land containing one hundred and twenty-seven acres, or thereabouts, and being a portion of the Rancho Cañada de Raymundo, situated in the county of San Mateo; that the* defendant excludes the plaintiff from the possession, wherefore the latter sues to be let into possession with him. The answer puts in issue all of the averments of the' complaint, and in addition sets up a former adjudication by the same court of the same issues, in an action between the same parties, in defendant’s favor, and also pleads the statute of limitations in bar of plaintiff’s recovery.

On the trial the plaintiff introduced: 1. A patent from the government of the United States to Maria Louisa Greer and Manuello Copinger, for the rancho mentioned, of date July 19, 1859. 2. A deed from John Greer and Maria Louisa Greer, his wife, of date March 1,1858, conveying to the defendant ■ and one Parkhurst all of the interest of the grantors in and to one hundred and twenty acres of the Rancho Cañada de Raymundo and being a part of the land described in the complaint. 3. A deed from the same…