Cocking

Plaintiff sued to quiet title to a parcel of land containing approximately 0.83 of an acre situated in Mendocino County. For a second cause of action he sought an injunction to restrain defendants from removing a fence which he proposed to construct inclosing the parcel of land in dispute. . He was denied relief upon both causes of action and has appealed upon a typewritten record.

The controversy arose over the obliteration of the original section corner of sections 7-8-17 and 18, which was marked by a wooden stake erected at the time of the survey in 1873. The evidence is that this corner post had rotted away many years ago, but that the corner had been recognized by the location of certain witness trees mentioned in the surveyor’s field-notes; that, in the year 1888, the adjoining property owners agreed upon the common boundary line with reference to these witness trees; that, for more than thirty years prior to the commencement of this action, the parties hereto and their predecessors in interest had acquiesced in this boundary line; that, for the greater portion of this period, a fence had been maintained on this boundary line and the land had been claimed and cultivated by…