Douglass

Appellee, W. G. Douglass, a citizen, of Nevada, as administrator de bonis non with the will annexed of the estate of J. B. Over-ton, deceased, sued appellant, Hobart Estate Company, a California corporation, to quiet appellee’s title to a- tract of land in Washoe county, Nevada. The suit was commenced in a state court of Nevada, but was, on appellant’s petition, removed to the District Court of the United States. Appellant filed an answer and counterclaim, asserting that the land in controversy was held in trust by appellee for appellant, and praying that appellee be required to convey the land to appellant, and that title thereto be quieted in appellant. From a decree quieting title in appellee, this appeal is prosecuted.

The land in question is the southeast quarter of section 16, township 16 north, range 18 east. Section 16 is broken by the meander line of the northeast shore of' Lake Tahoe and is, consequently a.fractional section. It contains, in all, 580.65 acres, of which 320 are in the north half, 100.97 in the southwest quarter, and 159.68 in the southeast quarter.

From 1878 to 1917 appellant’s predecessor in title, Sierra Nevada Wood & Lumber Company, a California…