Spencer

The action was one to quiet title, the only matter in controversy being as to the exact location upon the ground of a division line between the lands of the respective parties to the action. The court found in favor of defendants and judgment went accordingly, from which, and an order denying a motion for a new trial, plaintiffs appeal.

The only serious question presented relates to the ruling of the trial court in sustaining an objection to certain testimony. One of the plaintiffs offered himself as a witness and, after stating that he had no information as to the controlling monuments or true location of the line in question, other than that which was derived from statements made to him by a surveyor named Wheaton, now deceased, who was a few years before the commencement of the action employed by him to run the exterior lines of his premises, was asked to give the location of said lines and monuments. An objection to this testimony was made upon the ground that the witness was not shown to' be competent or to have any knowledge as to the accuracy of said survey, and that the same was hearsay. This objection was sustained. It is appellants’ contention that the statements of…