Woodson

This action was brought by respondent Clarence Woodson as plaintiff in the statutory form to quiet title to lots 5 and 6 in block 3 of West Teralta, in the county of San Diego, of which in his complaint he claims to be the owner and to be in possession. One B. M. Torgerson, appellants F. J. MacKenzie and J. C. Dyer, copartners under the firm name of MacKenzie and Dyer, and various others, were made parties defendant, the complaint alleging that they each claimed some right, title or interest in and to said property adverse to the plaintiff. Torgerson disclaimed. Certain of the defendants made default. Others, including appellants MaeKenzie and Dyer, answered. Appellants’ answer in brief was that about September, 1926, one John D. Prentice became the fee-simple owner of the property and thereafter, but about that month, entered into a contract with respondent Wood-son, whereby he agreed to sell the property to respondent and respondent to buy it from him; that this contract was never carried out and respondent never became the owner of the property; that about December 9, 1926, the said Prentice, with his wife, conveyed the property to Torgerson, to be by him held in trust for…