Rowley

The defendant appeals from the judgment and from an order denying his motion for a new trial.

The complaint stated a cause of action against defendant Davis and others to quiet the plaintiff’s title to land in Los Angeles County, described as lot 38 of the Monte Vista tract, containing twenty acres, as shown by a recorded map. The answer of defendant Davis denied plaintiff’s ownership of the west three acres of the north one-half of said lot, and alleged that said defendant is the owner of those three acres. By cross-complaint the same defendant alleged that he is the owner of said west three acres, and set forth the transactions by virtue of which he claims to have acquired title. Cross-complainant’s claim of title is based upon a sheriff’s deed issued to him as the purchaser at a sheriff’s sale made pursuant to a writ of execution upon a judgment rendered against F. H. Barclay and A. G. Hupp. The sheriff’s sale took place on September 5, 1906, and the deed to cross-complainant was made on September 10, 1907. The cross-complaint further alleged that Anna G. Hupp, on March 6, 1899, executed an instrument in the form of a deed to Oscar Doolittle, which deed was recorded July 3,…