Hohn

Appellant appeals from a judgment in favor of respondents quieting title to real property in an action filed on July 22, 1959. Respondents’ first amended complaint first sought to quiet title and second, to recover the rental value of appellant’s possession of the property. Consideration of the second cause of action was deferred by stipulation until the decision was reached on the first cause of action.

The property involved herein was owned in 1929 by O. L. Bergen and Per sis Bergen who, on April 1, 1929, executed two notes, one in the amount of $14,000 and the other for $6,000, both secured by a deed of trust in favor of W. A. Van Horn and Maggie A. Van Horn. The $14,000 note and the deed of trust were assigned on May 18, 1929, to Lillian F. Woods and Cecile Woods Lewis as joint tenants, and were thereafter assigned to respondents by written instrument dated February 3, 1950, for a consideration of $3,000. Thereafter, a substitution of trustees under the deed of trust was accomplished by judicial proceedings in Riverside County Superior Court and respondents recorded a notice of default under said deed of trust on January 12, 1956. The property was then sold at a trustee’s…