Hamilton

This is an action to quiet title to certain lands in Santa Barbara County. Four of the original defendants defaulted, and .the action was dismissed as to several fictitious defendants. Judgment went for the plaintiffs and all of the defendants who appeared in the action appeal from the judgment.

The essential facts are as follows: Joseph Elvidge, the former owner of the lands in controversy, died testate on March 18, 1922. William Elvidge, a son, was appointed executor of his will. During the course of administration of the estate, pursuant to regular proceedings for a sale of real estate therein, said property was sold to the plaintiff Fred Hamilton and an executor’s deed, dated April 11, 1925, was made, executed and delivered to him by said executor. This deed and all of the proceedings for the probate sale purported to dispose of “all of the right, title, interest and estate of the said Joseph Elvidge, deceased, at the time of his death and all of the right, title and interest that the estate of said decedent has by operation of law or otherwise acquired other than and in addition to that of said decedent at the time of his death”, in and to the real estate in question,…