McClellan

The action is to quiet title. The claim of appellants is grounded upon the consideration that said Minnie McClellan filed a declaration of homestead upon the house and lot in controversy. Defendant relies upon a contract of sale executed by said P. E. McClellan to said Lewis, as the trustee of the Stockton Grove No. 118, United Ancient Order of Druids, and upon a final judgment in favor of said Lewis in a former action between the same parties.

The court found that on April 1, 1913, the defendant Lewis, for and on behalf of said Grove, brought an action, No. 10,741, in said superior court against said P. E. and Minnie McClellan for the conveyance of said property, setting out in his complaint sufficient facts to justify specific performance; that said» defendants appeared and filed separate answers denying plaintiff's allegations (except that no denial was made by either of said defendants that the property in controversy was community property); that thereafter the case came on regularly for trial on the twenty-ninth day of May, 1913, both defendants being represented by counsel; that upon the conclusion of the trial the court, orally announced judgment for the plaintiff and…