Graves

Action to quiet title to a certain tract of land situated in Monterey county. Plaintiff had judgment. Defendant appeals from the order denying his motion for a new trial. The land in question is a piece of about thirteen acres which defendant claims lies in the northwest quarter of the northwest quarter of section 29, township 15, south, range 6 east, but which plaintiff contends is part of the northeast quarter of section 30 of that township. Plaintiff describes in his complaint the particular tract by metes and bounds. Defendant denied' plaintiff’s title and alleged title in himself. Defendant, by way of separate answer, avers that he commenced an action December 31, 1884 (entitled Hebbron v. Graves) against plaintiff in this action "for the recovery of the possession, claiming to be the owner thereof and seised in fee and entitled to possession of the following described land”; then follows the description of certain land lying in sections 19, 20, and 29 of said township, as to which defendant avers that the title was then involved, and also that the location of the line dividing sections 19 and 20 and sections 29 and 30, running north and south, and the location of the comer…