Huston

The plaintiff, San Antonio Union School District of Monterey County, brought this action as successor in interest to the Franklin School District. From the prayer of the complaint the action was originally intended to quiet title to a small piece of property which is a part of the southwest quarter of the southwest quarter of section thirty-two, township twenty-two south, range eight east, Mount Diablo meridian. The entire quarter-section was patented to Joseph Alcorn on 'September 25, 1888, and by mesne conveyances the defendant acquired the legal title to the whole quarter-section on August 16, 1905, and, as will hereafter appear, the plaintiff at no time had the legal title to the acre in controversy.

Being met at the outset with the objection that an action to quiet title cannot be maintained by the holder of the mere equity against the holder of the legal title to real property, plaintiff’s counsel in his brief apparently abandons the theory that the action is one to quiet title and insists that his client be given relief under the general prayer of the complaint for “such other and further relief as to the court may seem just and meet in the premises,” and from the language…