Stonesifer

Appeal by plaintiffs from the judgment and an order denying a new trial. The action is one to quiet *660 title to a parcel of land which is within the calls of the deed under which plaintiffs claim title, hut is held in possession by the Kilburns under a claim of equitable title thereto.

As disclosed by the findings the material facts are these: William S. Chapman, the owner of a tract of some five thousand acres in the Orestimba grant, or rancho, in Stanislaus county, in the year 1868, in pursuance of an agreement theretofore made-by him with S. and E. Randall and Paris and Guy Kilburn to sell them two thousand and forty acres of said land at the rate of ten dollars per acre, and upon payment of the purchase price of twenty thousand four hundred dollars in full, made two deeds, one to the Randall brothers and the other to the Kilburns, each describing by metes and bounds a tract intended to, and designated as containing one thousand and twenty acres, the two deeds being designed to cover together the whole amount to be-conveyed—the Randall deed calling for land on the north end of the Chapman tract, and that of the Kilburns a tract immediately adjoining the Randalls on the…