Peters

There are four certain swamp land surveys in Sacramento county which are numbered, respectively, and extend in a continuous chain along the east bank of the Sacramento river from south to north, in the following order: 147, 165, 282, and 173. The tracts 147, 165, and 173 were surveyed in the year 1858, and tract 282 in 1859; all under the act of April 21, 1858, providing for the sale, etc., of swamp and overflowed lands. (Stats. 1858, p. 198.) By section 11 of that act surveys of lands held by actual settlers were required to conform to the lines and boundaries established by such settlers. This action—begun April 23, 1892—is prosecuted by plaintiff, the present owner of said survey 282, to quiet his alleged title to a strip of land lying along the common boundary of said surveys 282 and 165—the north line of 165 and the south line of 282. Defendants own said tract 165, and the question involved relates to the true location of said common boundary. At the time said surveys were made it seems that one Watson was a settler on tract 165, and one Angus Boss on tract 282; patents from the state for the lands were issued in course; in the year 1861 one Casselli became the owner of the…