O'Hara

Action to recover possession of the northeast quarter of section number 1 of township number 1 north, range 2 east, Mt. Diablo base and meridian, situate in Contra Costa county.

The complaint being in the ordinary form and unverified, the answer denies generally each and every allegation thereof; and then specially alleges adverse possession of the demanded premises by the defendants during a period of more than five years before the commencement of the action, and that the action is barred by the statute of limitations.

The cause was tried by a jury, which returned a general verdict in favor of defendants, whereupon judgment was rendered accordingly; and plaintiff brings this *311 appeal from an order denying, his motion for a new trial, made upon a statement of the case.

Upon the trial it clearly appeared, and was admitted by both parties, that the plaintiff owned and was entitled to the possession of said northeast quarter, and that defendant owned the northwest quarter of said section, according to the survey and subdivision thereof by the government of the United States; and, consequently, that the controversy related solely to the location of the line between the…