Manuel

Action to quiet title and for damages claimed to have been suffered by plaintiff through certain alleged tortious acts of defendant.

The complaint alleges that the plaintiff, “ever since the 23d day of February, 1884, has been the owner, in possession of and entitled to the possession of certain real property, situate within the County of Napa, State of California, ’ ’ and of which a description is particularly set out. The title in plaintiff to the land as described in the complaint is not questioned, but the controversy arises over the line dividing the lands of the parties and involves a certain strip of land which the plaintiff claims is within the description of the property belonging to him, but which defendant insists is within the boundaries of his lands.

It is also charged, by appropriate averments, that on the ninth day of May, 1901, the defendant committed a trespass, vi et amis, upon said property of plaintiff, and that on the fourteenth day of May, 1901, he likewise entered upon the property in dispute, and “maliciously tore down and destroyed the fence belonging to. said plaintiff along the north and east sides of said plaintiff’s land for a distance of about one…