Meeker

Action to quiet title. The complaint, in the usual form in such eases and filed on March 31, 1915, alleged that plaintiff is now, and for a long time has been, the owner of Lot “ G, ” Block 40, Horton’s Addition to the city of San Diego, as to which defendants, though having no title or estate therein, wrongfully and without right claim an interest; followed by the usual prayer that defendants be required to set forth the nature of their claims, and that it be decreed that they have no title or claim to the lot. The answer, in addition to denials of plaintiff’s allegations, alleged that William A. Deuress, deceased, was at the time of his death in possession and the owner of the premises described in the complaint, and that his legal heirs, one of whom was defendant Taylor, were the owners thereof, subject to the rights of Wilbur S. Spencer, as administrator of the estate, and entitled to possession thereof; followed by a prayer for a decree in their favor.

The court found: First, that plaintiff was not then, nor at the commencement of the suit, owner of or entitled to the property. Second, that the claim of defendants Wilbur S. Spencer as administrator, and Katherine Taylor as…