Ferbrache

This is the second appeal in this action. In the former appeal (Staniford v. Trombly, 181 Cal. 372 [ 186 Pac. 599 ]), the court held that the evidence did not sustain the findings; that the findings that there had been a boundary agreement, and that plaintiff was estopped to deny defendants’ title, or that defendants had acquired title by adverse possession were not sustained. The judgment was reversed, and the action went back to the lower court to be retried. It was retried and is now here on appeal from a judgment again entered in favor of defendants on the second trial.

When the action was tried the second time it was tried upon the same pleadings of the first trial, and upon the same points that had been made and presented upon that trial. The defendants continued to contend that a boundary line agreement had been made with respect to the lands in controversy; that plaintiff was estopped to controvert defendants’ title to the property in controversy by virtue of the boundary line agreement and by virtue of long acquiescence in defendants’ claim of title by adverse possession and by adverse possession. In addition to these claims, made on the former trial, the defendants…