Hynes

This is an action to quiet title to certain two lots or parcels of land, in the city and county of San Francisco, under the provisions of the so-called. MeEnerney ' act. (Stats. 1906, p. 78.)

The action was commenced by Frances J. Graham and, while yet living, judgment passed in her favor. Subsequently the present plaintiff was substituted in her stead. Defendant Knoll appealed from the judgment and order denying her motion for a new trial. Subsequent to the appeal said defendant Knoll died and E. A. Leigh, the duly appointed, qualified and acting executor of her last will and testament, was substituted in her place and stead, and now prosecutes the appeal.

The complaint and affidavit were filed on July 26, 1909, and, on October 29, 1909, defendant Knoll filed a general and special demurrer which was overruled and, on November 15, 1909, she filed her answer.

The complaint appears to set forth, by proper averments, all the facts required to be stated by the MeEnerney act, and we do not understand that its sufficiency is now questioned. Defendant denies the averments of the complaint “and for a further and separate and distinct ground of defense . . . and by way of…