Hyman

Frank J. Hyman and Nellie Howard Hyman, his wife, brought this action to quiet title against Helen G. Haun to a strip of land adjacent to the south bank of the Noyo River in Mendocino County. The court refused to quiet title to the land in the Hymans and this appeal followed.

The property involved in this litigation at one time belonged to Ralph W. Todd, the father of Helen G. Haun. Prior to his death Ralph W. Todd sold certain parcels of land abutting the high-water line of the south bank of the Noyo River to third parties not involved in this action. After his death the Hymans and some people named Penitent! acquired a tract of land from his estate. (The Penitenti interest has been acquired by the Hymans.) The remainder of the land was distributed to certain heirs of the deceased, including Helen G. Haun. She later acquired the interest of the other distributees.

It appears that prior to the execution of the deed the administratrix of the Todd estate made arrangements with the Hymans and the Penintentis to sell them 10 acres off of the north end of the estate property. A licensed land surveyor by the name of William K. Dodge was employed and instructed to prepare a map and a…