Dabney

Plaintiffs sued to quiet title to certain real property situated in Orange County and to obtain a decree of forfeiture of a lease which had been given to the defendant Dabney for the purpose of drilling for oil. Plaintiffs had judgment and the appellants have appealed on a typewritten record.

The action is in two counts. One containing the usual allegations in a suit to quiet title and the other allegations to declare a forfeiture of an oil lease covering the lands described, consisting of 488 separate lots, 470 of which are owned by the plaintiff Bayside Land Company. The essential facts are stated in Bayside Land Co. v. Dabney (No. 6118), ante, p. 122 [ 265 Pac. 564 ].

On December 24, 1923, the plaintiff corporation commenced the former action to quiet title to the property owned by it alone upon the theory that the lease had been forfeited because of defendants’ failure to perform in ac cordance with its terms. That action went to trial and resulted in a judgment in favor of the defendant upon the single ground that the subsequent lessors had not joined with the plaintiff corporation in giving notices of forfeiture of the lease. All the other issues raised by the plaintiff in…