Torchiana

This is an appeal, upon a bill of exceptions, from an order granting a new trial in an action for damages for trespass to real property.

The plaintiffs, for cause of action, pleaded practically the following facts: The plaintiffs were the owners of a lot of land peculiarly adapted to residence purposes in the city of Santa Cruz. Plaintiffs purchased this land from the defendants Anderson and Torchiana, and as a part of the consideration for its purchase said defendants agreed with the plaintiffs to cut and construct a public street immediately south of the southerly boundary line of said lot. Subsequent to the sale of the lot the defendants, Anderson and Torchiana, and the Pratchner Company, jointly commenced to construct the proposed street upon lands previously surveyed and staked out, and which if followed would have kept the course of, and location of, said street free and eleár of plaintiffs’ lot. The defendants, in the construction of said street, knowingly and willfully, and without the knowledge or consent of the plaintiffs, deviated from the surveyed line of said proposed street, and entered upon the plaintiffs’ lot at the southeasterly part thereof, and removed…