Beal

Plaintiff had judgment in an action brought to quiet title to certain lands described in its complaint. From this judgment the defendants appeal. While the action is, in form, one to quiet title, the only issue really involved is the location of the west boundary line of township number 47 north, range number 2 east, Mount Diablo base and meridian, in so far as it affects sections 18 and 19. If the boundary line claimed by the plaintiff, and adopted by the trial court as the true west boundary line of the lands belonging to the plaintiff, is the true boundary line, then the judgment of the trial court should be affirmed. If, on the other hand, as contended by the defendants, the boundary line as run by a surveyor named George W. Wakefield, in 1906, is the true westerly boundary line of said sections, then and in that case the judgment should be reversed. The distance between the two lines just referred to includes a strip along said sections a trifle over 5 chains in width.

The record shows that in 1858 one Tracy surveyed the west boundary line of township 47, the field-notes of which were put in evidence. The Tracy survey was on the town ship line only; he did not survey section…