Boyle

Defendant appeals from a decree in favor of plaintiff as administrator quieting the title of Hannah Boyle, deceased, to a piece of property in the city and county of San Francisco. The appeal is upon the judgment-roll alone.

The complaint alleged that the deceased at the time of her death, January 18, 1920, was the owner in fee simple of the property described. It also alleged that on the ninth day of November, 1911, said decedent in her lifetime obtained a decree quieting title against all persons under the provisions of what is commonly known as the McEnerney Act. (Stats. 1906 (Ex. Sess.), p. 78.) It also alleged that plaintiff claimed some right in the property, but that said claim was without foundation. The defendant filed an answer and also a cross-complaint. The findings of the court found nearly all of the cross-complaint to be true, but some of the allegations of the cross-complaint were omitted from the findings, that is, they were neither found to be true nor untrue.

It is the claim of the appellant that, notwithstanding the general findings and conclusion of the court that the Estate of Hannah Boyle, deceased, was the owner in fee simple of the property described,…