Weaver

The appeal is from the judgment. The record consists of the judgment-roll alone. The case was before this court upon a former appeal from a judgment rendered in the first trial of the cause, that judgment being in favor of plaintiffs. The judgment was reversed in pursuance of an opinion reported in 161 Cal. 77 [ 118 Pac. 519 ]. The present appeal is from the judgment rendered for the defendant upon the second trial of the cause.

The action is in form a suit to quiet title, but, in effect, the only question is the location of the common boundary between the parties. The plaintiffs own lands in sections 11 and 12 in township 2 south, range 3 east, Humboldt meridian, said lands lying adjoining and along the north lines of said sections. The defendant owns land in sections 1 and 2, lying immediately north of plaintiffs’ land. The common boundary line of sections 1 and 2, and 11 and 12, divides the plaintiffs’ land from that of the defendant, and its location is the subject of the controversy. The location of the common corner of the four sections determines the location of this line. The former opinion contains a copy of the map of the government survey of the four sections. It also…