Golden

The action is in ejectment, and the vital question relates to the title to á strip of land through which flows a creek into a reservoir belonging to the water system of the city of Vallejo. Appellant owns the northeast quarter of the northeast quarter of section 9, township 5 north, range 3 west, M. D. M., and the respondent owns the quarter directly east. The controversy is over the boundary between these subdivisions, and the only point in dispute is as to the location of the northeast? corner of Golden’s property. Appellant claims that a certain mound of rock called the “O’C Corner” (or O’Connor Corner) is the proper point; while respondent insists that the lower court was justified by the evidence in finding that the true comer is on the other side of the creek, where it was located in 1892 by E. N. Eager, the county surveyor of Solano County.

The following diagram illustrates these points and also the disputed tract of land, being about 180 feet in width and a quarter of a mile in length:

The said wateD-way is of great importance to the city of Vallejo and it has been used as a part of its water system The said water-way is of great importance to the city of Vallejo and it…