Haw

This action, while one in form for trespass and to quiet title to land, has for its object the determination of the location of the proper boundary line between certain timber lands owned by plaintiff and defend ant. All the lands are situated in township 2 south, range 3 east, Humboldt base and meridian. The complaint contains two causes of action. The first alleges the ownership in plaintiff of the south half of the northeast quarter of section 10, township 2 south, range 3 east, H. M., and it recites that said land had growing thereon a large number of redwood trees. It then charges that defendant, with full knowledge of plaintiff’s ownership, wilfully chopped down, removed, and carried away some sixty of the said trees which were of the value of $1,203.51, and that defendant by such wilful trespass became liable for treble damages under section 733 of the Code of Civil Procedure. The second cause of action alleges defendant claims an interest in the lands above described adverse to plaintiff, which claim is without right and it is prayed plaintiff’s title be quieted as against defendant. In his answer to the first cause of action defendant denied that he entered upon the lands…