Pulliam

The action is ejectment. The land in dispute was originally part of the Bosquejo or Lassen Rancho, lying partly in the County of Tehama and partly in the County of Butte. Plaintiffs claim title to it by mesne conveyances from one Henry Gerke, who was the owner of it. The rancho was patented in 1862. But in 1856 there was pending between Gerke and one Henry Ford and II. L. Wilson a controversy for one-third of the rancho. This controversy was compromised and settled by Gerke agreeing to convey to Wilson and Ford 5,000 acres from the lower end of the rancho—4,500 acres to Wilson, and 500 acres to Ford. In performance of his agreement, Gerke had two deeds prepared, one to Wilson for 4,500 acres, and another to Ford for 500 acres. In the Wilson deed the land is described as follows: “All that certain tract or parcel of land situated in the County of Tehama, said *370 State, described as follows, to wit: being four thousand five hundred (4,500) acres of land taken off of the lower or most southerly portion of the rancho known as the Bosquejo or Lassen Rancho, extending the full width of said rancho, from the westerly to the easterly boundaries thereof, and as far above the southerly…