California Court of Appeal October 2, 1908, Civ. No. 522. (Davidson v. Ellis)

ALLEN, P. J.

Appeal by plaintiff from a judgment rendered against him and in defendants’ favor, based upon an order sustaining a demurrer to a complaint.

The complaint alleged the ownership by defendants in 1901 of certain premises, a part of which at that date were by them conveyed to plaintiff’s grantors, together with a perpetual right of way from a fixed point on the exterior boundary of the