Hoeller

This is an action to quiet title. Plaintiff and defendants are adjoining landowners, At the trial of the action the principal issue presented for decision was the proper construction of the following course in the common boundary of the lands of plaintiff and de *778 fendants: “. . . thence along the fence and gulch on average course N 61%° E to the Westerly end of a fence on the top of steep bank ...” The angle of 61%° and the call along the fence do not coincide. Between the line of the angle and the line of the fence is a long, narrow strip of land. It is this strip that is the subject of dispute. If the quoted course be construed as following the angle, then the disputed strip belongs to defendants; if it be construed as following the fence, then the strip belongs to plaintiff. Such was the theory on which the case was tried. The trial court determined that the fence constituted the true boundary, and adjudged that plaintiff is the owner of the disputed strip and that defendants’ claim thereto is without right. Defendants appeal.

On appeal defendants, for the first time, call attention to the fact that all the deeds in plaintiff’s and defendants’ respective chains of title…