Stenzel

This is an appeal from a judgment which was entered against the plaintiff upon sustaining a demurrer to the complaint to quiet title.

The complaint alleges only an interest in a particularly described piece of real property by virtue of a general money judgment which, as the law then existed, gave him a statutory lien upon all the real property of the judgment debtor which was situated in the county where the judgment was procured. (Sec. 671, Code Civ. Proc.) The usual other allegations of an ordinary suit to quiet title pursuant to section 738 of the Code of Civil Procedure are made. The complaint further alleges that a controversy exists between the respective parties to the action regarding the validity of the asserted lien upon the property described as security for the payment of the judgment.

A demurrer was sustained upon the ground that the complaint failed to state a cause of action. The plaintiff was denied the privilege of amending his pleading, and a judg< ment of dismissal was thereupon entered against him, from which this appeal was perfected.

The appellant contends that under the provisions of section 671 of the Code of Civil Procedure he was given such a vested"…