Drake

Action to quiet title to certain land. Plaintiff and defendant claim through the same source of title, to wit, Francis Korbel, Joseph Korbel and Anton Korbel, who were the owners of the land in controversy on February 23, 1877.

Plaintiff claims a tract of one hundred and fourteen and fifty-one hundredths acres of land lying in Sonoma county, partly in section 21 and partly in section 28, township 28 north, range 10 west, Mt. Diablo base and meridian. The Russian river borders plaintiff’s land on its north, east and west sides, describing in shape a horseshoe, the arch of the bend pointing north.- The defendant claims that portion of the southwest quarter of the southwest quarter of section 21, which includes the entire bed of Russian river, the top of the southeast bank being claimed as the southeast boundary of its land. The remaining land in that forty-acre tract concededly belongs to plaintiff. Plaintiff claims that t'he boundary line of her land is the center of the river, which is a non-navigable stream. Tne controversy, therefore, involves the title to this strip of the river bed and the banks of the stream along plaintiff’s boundary.

The land claimed by plaintiff is…