Wilson

Upon motion of appellants it was ordered by this court that the above cases be consolidated for the purposes of appeal.

A dismissal as to Clara E. Herr and Rebecca W. Avery has been filed by the plaintiffs in Civil No. 5716.

The appeal in the case of Title Ins. & Trust Co. v. Wilson et al. is taken by what is known as the alternative method, purporting to be pursuant to sections 953a, 953b, and 953c of the Code of Civil Procedure. No part of the record was printed in appellants’ opening brief. Later a supplemental brief was filed. However, only meager portions of the testimony of the witnesses appear therein, and respondent has made two motions in this court, one to dismiss the appeal and the other to affirm the judgment of the superior court. These motions are the subject of this opinion and decision. Section 953c provides in unmistakable terms that: “In filing briefs in said appeal the parties must, however, print in their briefs, or in a supplement appended thereto, such portions of the record as they desire to call to the attention of the court.”

At the time of the decision of Jeffords v. Young, 197 Cal. 224 [ 239 Pac. 1054 ], it was said that the supreme court and district…