Alviso

The title to the premises in controversy depends upon the location of the western boundary line of the Rancho Las Pocitas, and that line depends upon the position of the initial point of the survey of the rancho. It is described in the field-notes as the “ corner to secs, five, six, thirty-one and thirty-two, on township line between townships two and three south, range two east, Mount Diablo meridian, mark post station number one, L. P.” There is, in fact, no post at that point, nor any monument showing its exact position; and the' real question is, as to the proper manner of ascertaining the initial point. The testimony of several surveyors was taken, and there is no reason to question the *501 correctness of any of their statements of facts; but they disagree in their opinions as to the proper mode for the finding of the initial point. The plaintiff’s witnesses are of the opinion that the proper mode is to begin at the southeast corner of township two south, range two east, and run thence west on the township line five miles, and establish at that point the corner of the four sections above mentioned, as and for the initial point of the survey; and the surveyor, upon whose…