Germain

Action to quiet title. Decree quieting title of defendants and awarding them costs. Plaintiff appeals from judgment and order denying her motion for new trial.

Plaintiff claims to own a lot fourteen feet wide abutting, on Los Angeles street in the city of Los Angeles, the adjoining property on the north side belonging to the defendants Henderson and that on the south side to the defendants representing the estate of Eugene Germain, deceased. Eugene Germain, who has died since the appeal was taken, at the-time of the commencement of the action, in addition to being in possession of the property the title to which was vested in him, was also in possession of the fourteen-foot lot under a lease made to him by plaintiff’s testator, which lease by its-terms would not expire until more than a year after the date of the judgment entered in the case. The common source of title of all the parties is the decree of distribution entered in the estate of Jacob Bell, deceased, December 16, 1875. By partition and mesne conveyances the defendants Henderson and Germain acquired the respective properties owned by them in the years 1882 and 1883, while plaintiff’s testator acquired the fourteen…