Burke

This is an action in ejectment. The-cause was tried by the court without a jury, and findings and judgment were in favor of the defendant. The plaintiff appeals from the judgment, and an order denying a new trial.

Thp plaintiff owns lots 2 and 8 in block P of Ukiah North Addition, and the defendant owns lots 1 and 10 adjoining plaintiff’s lots on the south. The only question of fact was as to the location of the line dividing the lots of the respective parties, the plaintiff claiming that the defendant was in possession of ten feet belonging to his lots.

*483 Both parties claim under conveyances made by the North Pacific Land and Improvement Company, by whom the said addition was surveyed and platted. Lots 1 and 10 were conveyed'by said company to the defendant November 21, 1890, by the- following description: “Lots numbers 1 and 10 in block F, in Ukiah, North Addition, as the same are laid down and delineated on the map of Ukiah, North Addition, filed in the office of the county recorder of the county of Mendocino, state of California, on the eighteenth day of September, 1889.”

Lots 2 and 8 were conveyed by the same grantor to the plaintiff September 14, 1893, by the following…