Howard

This action arises out of a dispute over a boundary line. The plaintiff, James L. Howard, is the owner of lot 15 and eight and one-half acres off the north end of lot 18 of the Yokayo Rancho, near Ukiah, in Mendocino County, and the defendant, Ruddiek, is the owner of the remainder of lot 18, which he acquired from his codefendant, E. L. Cunningham. Plaintiff’s father formerly owned the two lots, and some years ago he conveyed to the plaintiff the land now owned by him as above stated, and the part now owned by Ruddiek he conveyed to another son, by name Mack Howard, who in turn conveyed it to Cunningham.

The sole point in this case is whether the evidence supports the ,finding against plaintiff of the location of one of the corner posts common to the two properties. The location of this post determines the boundary line between the prop erties of the plaintiff and of Ruddiek. The stake has long since disappeared.

The calls of the deed by which plaintiff’s father acquired the land now owned by plaintiff, and of the deed conveying it to the latter, both locate this corner—which is described as “P 8”—at the point which is found to have been its location by the trial court.

Oral…