Childs

Action to quiet title, and the defendants appeal from a judgment in favor of plaintiff, and from an order denying their motion for a new trial.

The real question in issue between the parties is one of boundary, the appellants claiming that the land described in the complaint lies within the boundaries of the rancho La Canada, while the respondent contends that it does not. The evidence upon the point was conflicting, and this being so, we cannot, under the rule which is well settled in this court, disturb the finding of the trial court.

But it is urged by appellants that their motion for a new trial should have been granted on the ground of newly discovered evidence. The nature of this new evidence is made to appear by the affidavit of one Coronel, who assisted in making the survey of the rancho La Canada, and who was not a witness upon the trial. In his affidavit, as we understand it, he states in substance that stations 87 and 88 of that survey were in point of fact located farther north than as found by the court, and so as to include within said rancho the whole or a portion of the premises in controversy, and that station 87 is marked by a rock mound now in place, on the…