McPhail

Plaintiff brought the action to quiet title to 160 acres of land in Kings County -and to have adjudged void the judgment of the superior court of said county, in a certain action to quiet title, wherein A. P. Nunes, one of the defendants in this action, was plaintiff, and Jennie V. Copper and certain fictitiously named parties were defendants. „ Judgment in the present action was in favor of defendants, from which and from an order denying him a new trial plaintiff appeals.

The facts as gathered from the pleadings and the findings are: That the land in controversy was purchased by the defendant, Nunes, on the twenty-sixth day of July, 1907, at a tax sale regularly authorized by the state controller and -duly conducted by the tax collector of Kings County, said land having been previously sold to the state for delinquent taxes, costs, and penalties; that, on the eighth day of January, 1909, said Nunes, as before stated, commenced an action in the superior court of Kings County against Jennie Y. Copper and several fictitiously named defendants for the purpose of quieting title to said real property, title to which at the time of the assessment and levy of taxes thereon and the sale…