Beck

This action was brought to quiet plaintiff’s title to two parcels of land. A trial was had and evidence both oral and documentary introduced. Findings of fact and conclusions of law were waived and a decree was entered adjudging that the defendant A. J. Barnes was the owner in fee of one of said parcels of land. This is an appeal by the plaintiff from said judgment.

It is the contention of the respondent Barnes that this is an appeal upon the judgment-roll alone, while appellant claims that the record is presented in accordance with the provisions of section 953a et seq. of the Code of Civil Procedure. An examination of the record discloses that the clerk of the court, in addition to certifying to the judgment-roll and to the notice of appeal, has also certified to the correctness of about twelve documents that were introduced in evidence and which should be part of the reporter’s transcript. It has been held that such certification by the clerk is unauthorized and insufficient to justify an examination of said documents by the appellate court. (Jeffords v. Young, 197 Cal. 224 [ 239 Pac. 1054 ]; Lake v. Harris, 198 Cal. 85 -89 [ 243 Pac. 417 ].) The entire transcript, including…