Hunt

In this action plaintiff sought a decree quieting title as against the several defendants as to a certain lot described in the complaint as lot 4 of block 82 of a survey of a certain tract. The defendants answered and set up a cross-complaint against plaintiff in which it was prayed that the title to apparently the same property, but described as lot 4 of block Z of another survey of the same tract, be quieted as against plaintiff. Judgment went for the defendants on their cross-complaint, and plaintiff appeals therefrom.

Plaintiff claimed through certain mesne conveyances originating in a tax deed, and the defendants claimed as owners both prior to and subsequent to the date of the tax deed. The identity of the property itself was not in dispute. The difficulty consisted only ,in a determination of whether or not it was lot 4 of block 82, or lot 4 of block Z.

Some years before the litigation here involved was instituted a decree had been granted by the superior court quieting title to plaintiff’s predecessor in interest as against these defendants in lot 4, block 82. Three or four years later an attempt was made to modify that decree by changing the description of the property…