Gordon

This action is brought by plaintiff to quiet title to certain lots in the Central Addition to the city of Fresno. The defendant had judgment, and the plaintiff appeals from the judgment, and an order denying his motion for a new trial.

The half-section line running east and west through section 4 is the north boundary line of the city of Fresno. Plaintiff’s lots lie on the north side of this line, and defendant’s on the south side.

The point in controversy is the location of this half-section line, and, upon the trial, that point turned upon the location of the half-section corner on the east line of section 4.

Teilman surveyed and platted Central Addition, and ran the half-section line, and plaintiff claims to this line. The court found the line to be twenty-four feet north of the line so surveyed.

In making this survey, Teilman found a stake which he assumed and believed to be the half-section corner. Five other witnesses, at least three of them being professional surveyors, testified that the corner from which Teilman made his survey was a “charcoal” or “government” corner; and there was no evidence tending to *588 show that a stake or corner had ever been seen at a…