Hixson

Appellants filed a quiet title action to a strip of real property naming as defendants the City of Fremont, California; the County of Alameda, L. T. Whipple and respondents Jones. The City of Fremont filed a disclaimer to the disputed property. The County of Alameda and L. T. Whipple (who answered the complaint), having no interest in the real property, did not appear at the trial to contest either Hixons’ or Jones’ claims to the property. Respondents Jones filed an answer and cross-complaint also praying to quiet title in their names.

The trial court quieted title in favor of respondents.

This action was brought by appellants to determine the ownership of a strip of real property 25 feet wide and 110 feet long, adjacent to a parcel of property owned by appellants, which is 52.5 feet wide by 110 feet long. The question is whether or not the deed to this parcel of property from appellant’s grantor, Laura Thane Whipple, included a 25-foot strip of land which is one-half of what was designated as 3d Street, on a map filed in 1907, entitled “Bond Tract,” which map was recorded in Alameda County, subdividing the area in question into lots and dedicating parts thereof to the public as…