Tognazzini

I concur on the ground that the court erred in admitting the evidence referred to in Mr. Justice Thornton’s opinion.

Ejectment for a parcel of land in Santa Barbara county. Judgment for defendants. Plaintiff moved for a new trial, which was denied, and from this order of denial plaintiff appeals. The controversy herein is as to the location of the eastern patented line of the Casmalia rancho. The parcel litigated is triangular in shape. The base of the *236 triangle is a portion of the southern patented line of the rancho. The plaintiff contends that the eastern line of this triangle is the true patented line. The defendants’ contention is that a line farther west is the line as patented. The length of the base line is twenty and twenty-hundredths chains. The other lines start from the ends of the base line, and converge in a northwesterly course until they meet. Of these converging lines, the westerly line is and will be called the “Harris Line,” and the eastern is and will be called the “Cooper Line.” The plaintiff contends for the Cooper line; the defendants for the Harris line. The court decided in favor of the Harris line, and thus upheld the contention of defendants. This eastern line of the Casmalia is thus described in the patent: It commences at a post which designates a station, and is…