Borgstrom

Claiming that one of defendants’ buildings encroached on their lot, the plaintiffs sued to abate an alleged nuisance. From a judgment in favor of the defendants the plaintiffs have appealed.

The defendants’ deed contains a description by metes and bounds and it also contains the following description, “ ... all of lots 6 and 7 as said lots are shown and delineated on that certain map entitled Map of Subdivision of Plat 12, Watson Tract, City of Oakland,” filed April 29, 1879. The plaintiffs assert that the burden was on the defendants to prove the location of the boundary line for which they contend. They do not show wherein the defendants did not do so.

The plaintiffs also assert that the location of the boundary line between plaintiffs’ and defendants’ line is to be determined by first locating the point of intersection of Bay Street and Brooklyn Street as such point existed in 1879.

The plaintiffs do not show that this was not done, and the defendants claim it was. From our examination we find no defect in the showing made.

The plaintiffs say there is no evidence “that the present street lines are the same as when the map was filed.” The defendants assert that there is and…