Hennessy

Action to quiet title to two certain lots of real estate in the city of Los Angeles.

The complaint is in the usual form. The defendant answered denying that plaintiff was the owner of the lots, or had any right, title, or interest therein; and further alleged that he was the owner in fee of the same under and by virtue of deeds made, executed and delivered to him by the board of public works of the city of Los Angeles pursuant to certain proceedings had and taken by said board for the opening of Jefferson street in said city under and in accordance with the provisions of what is known as the ‘ ‘ Street Opening Act of 1903” (Stats. 1903, p. 376), whereby said lots were sold and conveyed to him for delinquent assessments made for the cost of such opening.

Judgment was rendered for plaintiffs. Thereafter, and in due time, defendants moved the court to vacate and set aside the judgment so rendered and to change and modify, as indicated in the notice of motion, the conclusions of law based upon the findings, which motion was by the court denied. Defendant appeals from both judgment and order.

The court found that plaintiff Rosa Hennessy was the owner of the real property described…