Kunza

Kenneth Kunza and Pamela Mae Kunza, his wife, to whom for convenience we shall hereafter refer in the singular as Kunza, commenced an action against their neighbors, Duane U. Gaskell and Betty J. Gaskell, his wife, whom for similar reasons we shall describe as Gaskell. It concerned the boundary line dividing their respective properties. By the action Kunza, among other things, sought to eject Gaskell from, and to quiet title to, a strip of land which Gaskell had entered upon, and damages for the latter’s trespass. By his cross-complaint Gaskell sought to quiet title to the disputed land in himself. The superior court entered judgment for Kunza. Gaskell has appealed from the judgment, and from an order denying a new trial.

We have read the voluminous record and the briefs of the respective parties. We conclude not only that the judgment of the superior court must be affirmed but additionally, that the appeal is frivolous. (See rule 26(a), Cal. Rules of Court.) We state our reasons as required by the state’s Constitution, article VI, section 14.

There is little, if any, disagreement as to the material facts of the case.

In 1911, a map of “O’Neil’s Subdivision” at Angwin,…