Billings

This is an action in ejectment; the plaintiff seeking to eject defendant from a strip of swamp and overflowed land containing three and nineteen hundredths acres and lying along the bank of the Sacramento river in front of land conceded to belong to the defendant. Appellant introduced her testimony, and when she rested respondent moved a nonsuit, which was granted, and from the order and judgment of nonsuit this appeal is prosecuted.

The defendant’s land is in two descriptions, having received it from Johnson by deed at two different times. The calls in the first deed dated April 23, 1867, are as follows: “Commencing at a stake on the east bank of the Sacramento river .... 150 feet north from the junction of the north bank of the old American river with said last bank of said Sacramento river.” The line then runs thence east and thence north and “thence west” to the bank of the Sacramento river; “thence down Sacramento river with the meanderings of said river to the place of beginning, containing fifteen acres more or less.” There can be no doubt but what the west boundary line of this fifteen-acre tract is the east bank of the Sacramento river, and the grantor, Johnson, owned no…

We see no reason for disturbing our former opinion in this matter. We think it is clear the west boundary line of defendant’s deeds was the Sacramento river, and the calls in his deeds can have no other reasonable construction or meaning.

Rehearing is denied.

We concur: Chipman, P. J.; McLaughlin, J.