Garrison

In this action, commenced by appellant to quiet title to real property located in the city of Los Angeles, respondent Flora Ellis recovered judgment, decreeing that she was the owner of such property and quieting her title thereto against appellant’s claims. On this appeal from that judgment all parties are in accord as to the, facts, which are established by stipulations, judicial records and uncontroverted testimony, but differ seriously as to their legal effect. Chronologically these facts are as follows:

On his death, at Indianapolis, Indiana, on March 11, 1910, Charles Seaton owned the property, then an unimproved lot, having acquired title by a grant deed dated October 17, 1888, for an expressed consideration of $275. As his sole heir, he left an adult son, S. M. Seaton, residing in the same city 'and knowing of his father’s title to the property. Thirteen years after, to wit, on April 23, 1923, Southern California Bond and Finance Corporation, as plaintiff, commenced an action to foreclose a street assessment lien against the property, naming Charles Seaton as defendant. Such defendant was served by publication of summons, and his default was entered on September 27, 1923.…