Hogins

Action to quiet title to land in Newcastle, in the county of Placer. The controversy is in regard to the boundaries. The plaintiff had judgment, and the defendant appeals from the judgment and an order refusing a new trial.

The parties own and occupy contiguous places on Depot street, and both derive title from H. F. Albee. It is agreed that A. N. Page formerly owned a larger tract of land, of which the premises now claimed by both parties constituted a portion. September 9, 1875, Page conveyed to Mrs. H. F. Albee a tract fronting on Depot street one hundred feet and extending one hundred and fifty feet back. The lots of the parties and the strip in dispute extend two hundred feet back from Depot street. The tract conveyed to Mrs. Albee extends along Depot street one hundred feet northerly from the Good Templars’ lot. The strip in dispute is six feet wide, and the southerly line of it is just fifty feet nine inches north from the Good Templars’ lot. The deed to Mrs. Albee was a bargain and sale deed, and Mrs. Albee testified that she paid $50 *323 for the land. There was no evidence tending to show that the money paid was her separate property. The land then was the community…