Faust

This is an action to quiet title to eighty acres of pueblo lands formerly belonging to the City of San Diego. The complaint is in the usual short form alleging ownership, possession, and the right to possession of the property in the plaintiff, and the wrongful claim of an interest therein by the defendant. The answer is equally brief. It denies the ownership, possession, and right to possession of the plaintiff and asserts title in the defendant. Judgment was rendered in favor of the defendant and the plaintiff has appealed.

The case was submitted to the trial court upon two stipulations which constituted an agreed statement of facts. They are brought to this court in the form of a bill of exceptions.

The trial court unnecessarily made findings of fact. In Crawford v. Imperial Irr. Dist., 200 Cal. 318 [ 253 Pac. 726, 733 ], it was said: “As the case was submitted upon an agreed statement of facts without any other evidence whatever, findings of fact were unnecessary (24 Cal. Jur. 953). The only question, therefore, before the court was as to what was the law applicable to those facts (Gregory v. Gregory, 102 Cal. 50 [ 36 Pac. 364 ] ; McMenomy v. White, 115 Cal. 339 [ 47 Pac.…