California Supreme Court December 24, 1908, S.F. No. 4235. (Taylor v. McCowen)

SHAW, J.

This is an action to determine adverse claims to a tract of land. Judgment was given in favor of the plaintiff and an order was made denying the defendant’s motion for a new trial. Thereupon the defendant appealed from the judgment and also from the order.

Both parties claim under one Adaline S. Budd, who died on January 10,1892, seized of the property in question.