Hoover

This is a suit to quiet title to certain timber land situate in Mariposa county to which plaintiff claims title under and by virtue of a sheriff’s deed, said land having been sold by that officer to plaintiff at a pretended sale under an execution issued upon a judgment for the sum of $1,676.88, rendered and entered by the superior court of Tulare county in favor of said plaintiff and against the defendant, Joseph Wasson.

The defendant, John L. Wasson, answered the complaint herein, specifically denying the material averments thereof, and particularly that Joseph L. Wasson was, at the time of the levy of said execution and the sale thereunder, the owner of the land as to which title is sought to be quieted, and alleging title to, and ownership of, said land in himself.

Joseph Wasson made no reply to the complaint and, as to him, judgment by default was entered.

The court below awarded judgment to John L. Wasson that he is the owner of the land described in the complaint and that the plaintiff “has no right, title or interest in or to said land,” etc.

The appeal here is by the plaintiff from the judgment and the order denying his motion for a new trial.

The appellant contends…