Kemp

This is an appeal by plaintiff from a judgment on defendant’s cross-complaint, .quieting defendant’s title to certain real property and awarding damages to defendant for slander of title.

Plaintiff, as the sole legatee of Mary Rheinschild, deceased, offered the will of said decedent for probate. The petition for probate named defendant and certain others as the next of kin of the decedent. Thereafter, the defendant, as guardian ad litem of her niece, filed a contest on behalf of her ward. The contest named defendant and others as heirs of decedent. In due time the contest was voluntarily dismissed and judgment for costs awarded to the plaintiff here by the probate court. Upon nonpayment of the costs, plaintiff levied upon two parcels of real property owned by the defendant and situate in different cities. Plaintiff thereafter bid in said parcels at the execution sale and received the sheriff’s certificate therefor. Defendant subsequently brought an action against plaintiff to quiet title to one of these parcels. Defendant’s title was quieted to said parcel on the theory that defendant had not been the contestant, but only the guardian ad litem, of the contestant, in the probate…