Appeal from a judgment of the Superior Court of San Diego County, and from an order denying a new trial.

In 1856, Charles H. Poole prepared a map of the pueblo lands of the city of San Diego, lying between what is known as New San Diego in said city and the Mission Valley, comprising a strip of several miles, running from the bay of San Diego back to the eastern limits of the city. This map was for some years thereafter, until 1868, the official map of these pueblo lots, and was supposed to be correct until the surveys made by James Pascoe, county surveyor, December 6, 1867, June 12, 1868, and July 1, 1868, which demonstrated its incorrectness, and resulted in the making and adoption of the Pascoe map as the official map, in August, 1870. M. G. Wheeler was the deputy surveyor of James Pascoe, and surveyed the lots in controversy February 6, 1869, as the basis of deeds thereof from the city trustees. The defendants claimed lot 1132 under the grant thereof by the city trustees to Oliver P. Searles and Francisco Estudillo, who conveyed the same to A. B. Horton, who conveyed to the defendants. They also claimed the east half of lot 1123, under a deed from Horton, who claimed under a conveyance from C|ssiday, one of the original grantees of lot 1123, and who was a co-grantee with the plaintiff. The deed from Cassiday to Horton referred to the Poole map, but that from Horton to the defendants referred to the Pascoe map.

The suit was brought to quiet title to the west half of lot 1123. The defendant claimed that a proper survey, according to the description of the Poole map, had been made by Charles J. Fox, supported by T. S. Sedgwick, which.showed that lot 1123, by the Pascoe map, is all located within the boundaries of lot 1132 by the Poole map, and therefore belongs wholly to the defendants.

The further facts are stated in the opinion of the court.