Taylor

This is an action to quiet title to certain land. It was brought against McConigle and others; but Mc-Conigle was the only defendant served, and there was a trial between him and plaintiff which resulted in a judgment for the defendant. Plaintiff appeals from the judgment, from an order denying his motion for a new trial, and from an order refusing to strike out defendant’s costs bill.

The premises in contest consist of a narrow strip of land running north and south parallel with the San Buena Ventura river; and the question in the case is whether, in 1860, when the final survey of the Mexican grant called the Rancho San Miguelito was made, the said river was on the east or the west side of said strip of land.

The final survey was made by a survevor named Terrell; and he was instructed by the United States surveyor general to make it in accordance with the decree of confirmation. By the decree the rancho was confirmed to the claimants thereof, “to the extent of two sqcare leagues of land, and no more,” with boundaries as follows: “The river San Buena Ventura on the *125 east, the aguege or swamp on the west, and the Sierra Colorado on the north, provided that if the quantity…