Brennan

Ejectment for a lot 40 by 69i feet, on the southwest corner of Filbert and Steiner streets, in the city of San Francisco; verdict and judgment for plaintiff; defendants appeal.

The defendants (who were husband and wife) had no paper title, but relied on adverse possession. The defendant, J. 0. Brennan, says that one Hagan gave him possession in 1872, and told him to hold the lot for one *262 Godfrin (known as French Charlie) until his, Godfrin’s, return; that no one had any right to it except' Godfrin, and that “he did n’t think the Frenchman would come back to claim it.” Defendant Brennan then says: “I claimed it as mine from holding possession.” But we think that the evidence shows he held the property as tenant of one Mrs. Weygant, who was the grantor of the plaintiff. He admits that he was her tenant as to adjoining property, but says that the tenancy did not-apply to the lot in controversy. It is clear that Mrs. Weygant claimed the whole piece. It is covered by the decree of distribution of her husband’s estate. One of defendant’s own witnesses says: “I knew Mrs. Weygant always claimed this lot”; and it was in evidence that Brennan told one Rushmore that Mrs. Weygant claimed…