Israel
Israel v. Collins
Opinion
Lead Opinion
Vanclief, J.
Action to quiet title to a lot of land situate in the city of San Diego. After the close of the evidence in chief on the part of the plaintiff, the court, on motion of the defendant, rendered a judgment nonsuiting the plaintiff, and the appeal is from this judgment, upon the judgment-roll, including a bill of exceptions.
The complaint is in the usual form, and the answer denies plaintiff’s alleged title. The complaint describes the land in question as follows: “The west eighty (80) acres of Pueblo lot numbered one thousand two hundred and fifty-eight (1,258) according to the Pasco map of the city of San Diego”; and it is admitted that the city of San Diego was the owner of this lot on the twelfth day of February, 1889, and that both parties claimed title from that city. As evidence of her title the plaintiff introduced a deed to her from the city of a lot described as follows: “Situate in the said city, and more particularly described as follows: Being that lot of land containing (80) eighty acres, and situate north of and immediately adjoining the (80) eighty acre lot granted to May Pollock, in consideration of and for a lot of land sold by former trustees, which good and…