Opinion
Rehearing (Denied, Granted) 44 Cal. 479 at 481.
Appeal from the District Court of the Fourth Judicial District, City and County of San Francisco.
This is the third appeal taken in this cause. The case will be found reported in 30 Cal. 65, and 37 Cal. 437. It was an action to quiet the title to fifty vara lot number seventeen, situate on Jackson street, between Montgomery and Kearny streets, City of San Francisco.
The facts will be found in the former reports.
On the last trial Nasario Galindo was called as a witness by the defendants, and was allowed to testify, under plaintiff's objection, that he saw Mesa, in 1844 or 1845, doing work on the premises. Lick, the plaintiff, claimed under Diaz. The heirs of Mesa were made defendants. The Court below adjudged that the plaintiff owned only an undivided one half, and was a tenant in common with the heirs of Mesa.
The plaintiff appealed.
COUNSEL
Haight, Temple & Sawyer, for Appellant.
Williams & Thornton, for Respondent.
JUDGES: Wallace, C. J. Mr. Justice Crockett did not participate in this opinion.
OPINION
WALLACE, Judge
[The foregoing opinion was delivered at the April Term, 1872, and, a rehearing having been granted, the following judgment was rendered at the October Term, 1872.]
By the Court:
The order is affirmed, and the opinion heretofore delivered will stand as the opinion of the Court.