Wilhoit

C. — This was an'action of ejectment brought by the executors of Joseph Kile, deceased, to recover the possession and the rents, issues, and profit of two parcels of land in the county of San Joaquin, being the south half of the southwest quarter of section 11, in township 4 north, of range 5 east, Mount Diablo meridian, containing eighty acres, and a portion of the south half of the southeast quarter of the same section, containing five acres, together with damages for the withholding thereof.

Plea, general denial, and affirmative defenses of adverse possession with and without color of title, and a former adjudication as to the five-acre tract. Judgment for defendant, from which plaintiffs appeal upon the judgment roll, which contains a bill of exceptions.-

The township lines, including the land in controversy, were survejmd and established under the authority of the United States in June, 1853; and by the same authority the subdivisional survey of the township was made in April, 1864. The field and descriptive notes, together with a plat of said survey, were approved and certified by the United States surveyor-general for the state of California on June 30, 1864.

The…