Thorne

This is a consolidation of two actions to quiet title to lots 9 and 10 of Tract 6698 in the city of Monrovia. Each action involved one of said lots.

The complaints are in the usual form of such an action. The answers deny the allegations of the complaint. As a further defense, defendants in each case set forth a contract of purchase covering said realty. They allege that on the day following the execution of said contract, their vendor entered upon said realty, without their consent, and removed a house of the value of five hundred dollars and three trees of the value of one hundred dollars. They state that they stand ready to make full payment of the balance due under said contracts and to fully perform the same, but pray that the court adjust the value of said house and trees, in arriving at the said balance. There is also a prayer for general relief. The pleadings in each case are practically identical.

The trial court found that the defendants had no right, title or interest in said property, and judgments were entered accordingly.

At the trial the court excluded all evidence bearing upon the second defense referred to above, and upon this ruling error is…