Harrington

This action was brought to recover possession of a tract of land alleged to be situated in Colusa County, and described as lot 3 of section 24, in township 17 north, range 2 west, Mount Diablo meridian, and containing 54 acres, according to the United States plat thereof. The defendants had judgment, and plaintiff appeals from said judgment and from an order denying her motion for a new trial.

The plaintiff claims title to the premises in dispute, as swamp and overflowed land, under a patent from the state of California, dated June 20, 1899. The defendants claim that the land, of which they are in possession, and that plaintiff seeks the possession of, is in fact a part of the south half of the south half of section 19, in township 17 north, range 1 west, and that the Central Pacific Railroad Company is the patentee from the United States government of said portion of section 19, which is more particularly described as the south half of the southeast quarter, lot 4 of the southwest quarter, and the southeast quarter of the southwest quarter of said section 19. Defendants claim under the title of the railroad com pany. To establish her title, the plaintiff introduced in evidence a…

—I dissent from the order denying a rehearing. The demanded premises are bounded on the east by the township line, and on the west by the Sacramento River. The size of the tract depends upon the distance apart of these two boundaries. According to the original plat of the township, the distance was sufficient to give a tract of fifty-four acres (lot 3), but the amended plat, corrected by the field-notes, reduced that part of lot 3 between the river and the township line to an area of four or five acres, according to the opinion of the Commissioner. I think its area is shown to be somewhat greater, but conceding that it was not more than five acres, the evidence clearly showed, knd without conflict, that it belonged to plaintiff; and that defendants were occur pying it without right. The lands to which they have title all lie east of the township line. The plaintiff owns all west of the township line, to the river bank, and whether that is much or little, she was entitled to recover it in this action, with her costs. I do not see how it can be said that there is no dispute about this small tract. The principal dispute, of course, was as to the location of the township line with…