Chapman

The plaintiff commenced this action to quiet title to certain property situated in El Cerrito Park, Contra Costa County. The complaint is in the usual form. The answer denies the material allegations of the complaint and sets up two separate defenses—ownership of the property by the defendant and plaintiff’s acceptance of the deed under which she claims with full knowledge of the fact that the property had theretofore been conveyed to the defendant and that he was the owner thereof and that the plaintiff did not purchase the lands in good faith or for a valuable consideration. The cause was tried before the court without a jury and judgment was entered in favor of the defendant. Plaintiff has appealed from the judgment on a record prepared under the provisions of section 953a, Code of Civil Procedure.

The facts of the case are that on the sixteenth day of March, 1922, the defendant entered into possession of the premises under a written lease executed by the then owner, Edwin Chew, and dated the first day of April, 1922, by which the premises were leased to the defendant for a period of one year from the first day of March, 1922, at the yearly rental of $540. One of the covenants…