Sondel

This is an appeal by the plaintiff from a judgment quieting the title of the defendant and cross-complainant to certain real property situate in the county of Los Angeles. The cause now comes before us both on the merits and upon motion of the respondent to dismiss or affirm for an asserted lack of merit in the appeal.

The action is one in equity commenced by appellant to have it decreed that the lien of the trust deed under which respondent derived title had been discharged prior to the purported sale thereunder and that all proceedings leading up to such sale and the trustee’s deed thereafter executed to respondent were void and of no effect. It was also prayed that respondent be perpetually enjoined from asserting any claim to the property.

Respondent answered and cross-complained requesting that his title to the property be quieted. At the conclusion of the trial, the court below found in substance that the lien of the trust deed had not been discharged prior to the trustee’s sale and that said sale and the deed subsequently executed were valid and effective. It thereupon quieted respondent’s title. Other findings essential to the disposition of the cause will be mentioned…