Allen

This is an appeal from a judgment for the plaintiff in an ejectment suit and from an order denying the defendants’ motion for a new trial. The case was before this court on a former appeal by the defendants, resulting in a decision in their favor, reported 120 Cal. 333 , 334, 52 Pac. 828 , to which reference may be made for the facts of the case. To the statement there given it must be added that the Occidental Mill Company was originally the property of Evans & Co., then of McKay & Co. (composed of Allen McKay, Con-nick and Sinclair; the interest of the first being three-fourths, of the second three-eighths, and of the third one-eighth), and then of the original defendant Rebecca McKay (grantor of the present defendant, McKay & Co.), who, upon the death of McKay, as his widow, had succeeded to his interest, which was distributed to her May 27, 1887, and who had subsequently, by deed of date September 12, 1888, succeeded to the interests of Connick & Sinclair. The sole defense on the former as on the last trial was the statute of limitations; as to which it is stated in appellants’ brief: “The defendants . . . . relied: (1) On an adverse possession in fee by Rebecca McKay from…