Porter

This is an action in ejectment, the real issue being to establish the boundary line between adjoining tracts of land claimed by the parties respectively. The cause was here on appeal from the judgment in favor of plaintiffs at the first trial and was reversed and sent back with directions to establish more definitely the west boundary of plaintiffs’ land which would also be the east boundary of defendant’s land. (Porter v. Counts, 6 Cal. App. 550 , [ 92 Pac. 655 ].) At the second trial plaintiffs had judgment, from which and from the order denying his motion for a new trial defendant appeals.

There is no conflict in the evidence, for the' findings rest upon the testimony of surveyor Elsemore, who was the only witness who undertook to make the survey necessary to the ascertainment of the desired line. The point of objection to the finding and judgment is that in making the survey Mr. Elsemore did not follow the rules and regulations prescribed by the United States land department. The same point was made on the former appeal, and it was held that, while the evidence was sufficient to show that defendant had encroached upon plaintiff’s .land, it was not sufficient to determine to…