Denning

This is an action brought to recover rents collected by appellant from property which belonged to respondents. It was tried by the court, and judgment for $920 was rendered against appellant. The appeal is from this judgment.

Defendant and appellant had possession of the real property from which said rentals accrued, he having acquired title from one Lichtenberg who claimed title from the state of California by virtue of a sale for delinquent taxes. This tax deed was declared void by the trial court and said decision was affirmed on appeal. This action for the collection of rentals, however, was pending before the final determination of the action involving the tax deed, and was not presented to the court for its determination until the decision in the first case, involving title to the lands from which the rent was derived, had become final. In the first action which was a simple suit to quiet title, the trial court found, among other things, that defendant and appellant had collected and retained $920 in rentals while he had possession of the real property. The trial court also found in that action that defendant and appellant had refused to accept the tender of plaintiffs,…