Langstaff

This is an action to quiet title to certain lots upon which plaintiff Jameson Petroleum Company claims to have an oil and gas lease. Defendant denies the existence of said lease and by way of affirmative defense alleges that he is the owner of said lots under and by virtue of a tax deed executed to him by the tax collector of Los Angeles County.

Goldie Langstaff was joined as a plaintiff in the original complaint, but plaintiff Jameson Petroleum Company filed an amended complaint, in which the said Langstaff did not join as a party plaintiff. Judgment was rendered in favor of Jameson Petroleum Company and from this judgment defendant appeals.

Appellant claims that the amended complaint does not state facts sufficient to constitute a cause of action.

It is true that the first count merely alleges that for more than five years respondent has been in possession of a certain lot, describing it, under a valid lease, and does not set forth the date of the lease, the name of the lessor or its terms, but in the second count all of these things are specifically stated.

Appellant did not demur to the complaint, made no objection at the trial that the complaint did not state a cause of…