Tognazzini

This is an action to recover a tract of land in Santa Barbara County. Defendants had judgment in the superior court, from which, and from an order denying a new trial, plaintiff appeals, assigning *160 errors in the rulings of the court, and contending that the findings are contrary to the evidence.

Plaintiff is owner of a Mexican grant known as the Casmalia rancho. This rancho was patented to his grantors in 1861, with boundaries as described and delineated in a survey and map made in 1860 by a deputy United States surveyor named Terrell. Terrell’s survey commenced at the northwest cornet of the rancho, and ran a certain distance easterly to the northeast corner, designated as “0. No. 2,” the location of which is known and undisputed. His next course was south 50° east, 395 55 chains, to corner No. 3, which -was also corner No. 5 of an adjoining rancho, called Todos Santos, and the stake set at this corner at that time was marked “ T. S. No. 5, and C. No. 3.” After some years this stake disappeared, and the government, desiring to connect the surveys of public lands with the northeast boundary of the Casmalia rancho (the line between C. 2 and C. 3, T. S. 5), caused several…