Cuelho

The plaintiff in this action prosecutes separate appeals, — No. 13581 from the judgment, and No. 13633 from an order overruling his motion for a new trial. No error is assigned upon the first appeal but in support of his appeal from the order denying a new trial, plaintiff contends that the verdict is contrary to the evidence.

■ The action is for the recovery of land, and the plaintiff is undoubtedly the owner of the legal subdivisions described in his complaint; the only question in the case being whether a certain spring in the possession of the defendant is situated within the limits of such subdivisions as originally surveyed by the government. The defendant claims that the spring is upon an adjoining subdivision, the government title to which is in him.

It will be readily understood from this statement that the dispute arises out of the fact that the stakes and other monuments, by which the section and quarter-sec *550 tion comers of the official survey were originally marked, have become so far obliterated as to require restoration by means of new surveys. As frequently happens in such cases, the different surveyors who have undertaken this task have arrived at widely…