Herman v. Mortensen

This is an appeal from a judgment in favor of the defendants notwithstanding a verdict in favor of the plaintiff.

The action was brought by a plaintiff out of possession against defendants in possession of real property, and although in the form of a suit to quiet title it possesses “the essential characteristics of the old legal action of ejectment” (Southern Pacific Land Co. v. Dickerson, 188 Cal. 113, 116 [204 P. 576]; 15 Cal.Jur. p. 335, § 12) and, accordingly was tried to a jury.

The ease involves a piece of residential property in Berkeley with a frontage of 40 feet on Piedmont Avenue and…