Craig

Action by plaintiff to quiet title to sixty and a fraction acres of land situate in Madera County. De fendant pleaded a mortgage lien on the premises involved. Plaintiff had judgment subject to the mortgage and appeals from that part of the judgment establishing defendant’s lien.

The complaint alleges that on the seventh day of February, 1924, plaintiff became and ever since has been the owner of the tract of land above referred to, and further that defendants (there being some fictitious persons named as defendants) claim to have some estate, right, title, or interest in, to, or against said property, or some portion thereof, but that such claims of defendants, and each of them, are without any right whatever and are subject and subordinate to the rights and claims of the plaintiff. The answer of the defendant, Nellie Dinwiddie, sets up a certain mortgage on the premises described in the complaint, said mortgage being dated September 22, 1920, for the sum of $6,565, payable three years after date, interest at seven per cent per annum, said mortgage being executed by Andrew McKibben and Nancy J. McKibben, alleged to be the owners of the premises referred to in plaintiff’s…