Lillis

The action is to quiet title to the north half of the north half of the northwest quarter of section twenty-seven (27),- in township eighteen (18) south, range thirteen (13) east, M. D. B. & M. The defendant, Antonio Urrutia, was in the possession of and working a certain quicksilver mine known as the Mexican Mine, and claimed by him to be in section twenty-two (22), in said township and range, immediately north of said section twenty-seven (27).

It is admitted that plaintiff is the owner of the whole of said section twenty-seven (27), and the only vital point in dispute is as to the location of the boundary line between these two sections, the plaintiff claiming that the portion of the mine upon which Urrutia was working is south of said line and in said section twenty-seven (27), and Urrutia claims, as we have seen, that it is north of said line, and therefore in section twenty-two (22).

The solution of the controversy depends upon the determination of the question whether said boundary is a straight line or departs from a straight course between the section corners by reason of certain monuments called for in the surveyor’s notes. If the said line^ be straight, it is conceded…