Baumgarten

This action was brought to quiet plaintiff’s alleged title to lot No. 11 in block 30 in the city of Oakland. The defendant Decker filed a cross-complaint, alleging that he is the owner and seised in fee of the premises described in the complaint, and asking to have his title quieted thereto. The defendant J. F. Baumgarten filed an answer and cross-complaint, claiming that he is the owner of an undivided one-half of the premises, and praying that his title be quieted to such undivided half. The other defendants disclaimed any title or interest in the lot, and hence they are out of the controversy. The case was tried before the court; findings filed, and judgment entered in accordance therewith in favor of respondent Henry Decker, and against the Baumgartens who are appellants.

The court finds that neither the plaintiff nor defendant J. F. Baumgarten is the owner or seised in fee or entitled to the possession of the said premises, but that defendant Decker is the owner in fee and entitled to the possession of the same, and to have his title quieted as against the plaintiff and as against defendant J. F. Baumgarten. The plaintiff and defendant J. F. Baumgarten, who is a son of…