Folsom

The action upon which the appeal herein is predicated was brought for the purpose of quieting title in the plaintiff to certain real property as against the claims of each of the several defendants therein named. With the exception of defendant Newton, none of the defendants appeared or in any manner contested the claim of plaintiff to ownership of the property in question. His claim depended upon an asserted lien created by virtue of a certain judgment. Since the filing of the appeal herein, appellant Newton has deceased and, by order of court, C. W. Chamberlain, as executor of the last will of said Newton, has been substituted in his place as appellant in this proceeding.

Based upon the evidence adduced on the trial of the action, the trial court made findings which, in substance, included the facts that all the allegations contained in the complaint were true, and that none of the allegations contained in the separate answer of defendant Newton was true; that at the time judgment was rendered, and for a long time prior thereto, plaintiff was the owner and in the possession of the real property in question; that on the twenty-first day of February, 1921, Virginia B. Burns was…