Gonella

The action is to recover possession of certain land from defendants, who are alleged to have wrongfully entered thereon and dispossessed plaintiff. Defendants had findings and judgment, after trial by the court without a jury, and plaintiff appeals from the judgment on bill of exceptions.

The question at issue is the true location of the dividing line between plaintiff’s and defendants’ land and the south boundary of defendants’ land.

It was agreed at the trial that on November 4, 1904, M. C. Meeker, then the owner, conveyed by deed a certain tract of land—about twenty acres—to defendant Bmaline Simmons, and that shortly afterward Meeker made an oral agreement, to convey to plaintiff a tract of about fourteen acres adjoining her land on the south; that plaintiff made a partial payment to Meeker and was by the latter put in possession of the land and remained in possession until January 14, 1908, when defendants entered upon the strip of land in controversy and ousted plaintiff therefrom and now holds possession thereof. This strip of land contains about one acre. The-question involved relates to the true location of the south, boundary of defendants’ land as conveyed to…