Hiltscher

This is an action to quiet title and to establish the boundary line between the lands of appellant and respondents. The appeal is prosecuted from a judgment rendered in favor of defendants. The complaint is in the ordinary form to quiet title to the north half of the southwest quarter of section 36, township 2 south, range 9 west, S. B. B. & M., said property being shown on map of Hiltscher tract, which is recorded in San Bernardino County. The answer denies any interest in said land except as to the east 384 feet of the property described in the complaint, and sets up additional defenses of agreed boundary line and adverse possession.

At the commencement of the trial it was stipulated that plaintiff was the record owner of the north half of the southwest quarter of said section as shown by government survey, and that defendants were the owners of the southeast quarter of said section, and that each party had, for some twenty years past, paid all taxes due on his respective parcel. It was further agreed that defendants, in approximately 1906, erected a dividing fence between said tracts, and have maintained it ever since, and claim everything east of it, and have so claimed for…