Andrus v. Smith

COOPER, C.

This is an appeal from a judgment in favor of plaintiff and from an order denying the defendant’s motion for a new trial.

The action was brought for the purpose of quieting plaintiff’s title to the lots described in the complaint, situated in the city of Alameda. The plaintiff relied on title by adverse possession. The court found that plaintiff’s testate, “ ever since the sixteenth day of April, A. D. 1885, and up to the sixth day of June, A. D. 1895, . . . has been and was in the exclusive, open, and notorious occupancy and possession of” the lands described in the complaint.

Defenda…