Cresta

This is an appeal from an order denying plaintiffs’ motion to vacate the findings, conclusions of law, and decree in favor of defendant in an action to quiet title under the MeEnerney Act. Judgment was entered on October 28, 1919, in favor of plaintiffs as to a portion of the property involved in the action and in favor of defendant as to a strip of land running through the property and used by defendant as a right of way for its railroad. A fee-simple title was decreed to the defendant, and plaintiffs claim that the court was without jurisdiction to award more than an easement as to an undivided one-half thereof because title thereto was obtained by a suit in condemnation for railroad purposes. Upon the hearing of the motion evidence was offered that some time after the entry of judgment the defendant, with the consent of the state Bailroad Commission, ceased to operate its road over the property in controversy.

The motion was made under section 473 of the Code of Civil Procedure, and was based upon the grounds of plaintiffs’ excusable neglect, surprise, mistake, and inadvertence, and also upon the grounds that the findings of fact were erroneous, inconsistent, contradictory,…