Daniels v. Gualala Mill Co.

Foote, C.

This action is in ejectment to recover a strip of land twenty-five feet in width, through the center of which the defendant's railroad runs lengthwise.

The court below, sitting without a jury, found that the cause of action was barred by the statute of limitations. From the judgment and an order denying a new trial the plaintiff appeals.

From the evidence it appears that the plaintiff claims title under a patent issued from the United States government in 1883. If this patent was good and the plaintiff had title to the land only through it, then the defendant could not prevail in the…