Higginson

This is an action to quiet title. The plaintiff filed a complaint in the usual form, the defendant filed an answer denying the material allegations in the complaint and pleading certain affirmative matter and a trial was had in the trial court before the court sitting without a jury. That court made findings in favor of the defendant and the plaintiff has appealed under section 953a of the Code of Civil Procedure.

The plaintiff claims that the findings are not sustained by the evidence and in particular he objects to the finding “that plaintiff is not the owner of and seized in fee and entitled to the possession of those certain lots, . . . ” in controversy. And he also makes the same contention regarding the finding “that defendant claims and has a right, title and interest in and to said property. ...” These contentions involve a consideration of the following facts. The plaintiff and defendant are brother and • sister. Their mother died intestate, leaving an estate including, among other things, two lots located in San Francisco. Her estate was not administered upon. On April 8, 1906, the plaintiff was residing in San Francisco and the defendant. was residing at Seattle. At…