Townsend

Appeal from a judgment quieting title and from an order denying motion to vacate such judgment.

Plaintiff filed his complaint under section 738, Code of Civil Procedure, for the purpose of determining adverse claims to certain described real estate. To this complaint ap pellants were not made parties, but the court by its order, good cause appearing, granted appellants leave to intervene, which they did by filing their several complaints in intervention, denying plaintiff’s ownership of the premises, or that he was in possession or entitled to possession thereof; and each complaint in intervention alleging further that interveners were the owners and entitled to possession of specified portions of the lands described in the complaint. Thereupon the attorneys for plaintiff filed in the clerk’s office a written direction to the clerk to enter a dismissal of the action as to certain named defendants, in which appears the names of interveners. Afterward, and without notice of any character to interveners, the court ordered the default of certain defendants not included in the order of dismissal to be entered and gave judgment against such defendants, wherein the court decreed that…