Green

The plaintiff commenced an action to quiet title to a certain lot of land which he had acquired by purchase from the tax collector of Alameda County at a sale, for delinquent taxes. The complaint was in the ordinary form to quiet title to the property. Issue was joined by defendant’s second amended answer which merely denied plaintiff’s claim of interest in the property and alleged that the defendant was the owner thereof. The answer also contained a description of the property in suit somewhat different from that which appeared in the complaint. Trial was had upon the issues so joined and at its termination the court announced that judgment would be entered in favor of the defendant and requested him to prepare findings. This was done and in response thereto the plaintiff suggested amendments to the proposed findings in which, among other things, it was suggested that if judgment was to be entered in favor of the defendant it should be done only on the condition that he reimburse the plaintiff for the outlays which he had made as required by subdivision 5 of section 3898 of the Political Code. This relief was denied the plaintiff and judgment was thereupon entered upon findings…