Warden
Warden v. Gries
Opinion
Lead Opinion
Lambert, J.
Plaintiffs and appellants brought an action against defendant and respondent to quiet title to certain property situated in the city of Los Angeles. The complaint was in the usual form of such actions. The respondent filed a second amended answer. The answer in substance denied the claims of appellants and claimed title in the respondent and others as devisees under the last will and testament of Nellie M. Wall, deceased, and respondent also filed a further separate and affirmative defense in which it was alleged, in addition to the matters in the answer, that the deed from the treasurer of the city of Los Angeles under which appellants derived title was void for noncompliance with the law under which it was issued, specifying therein the particulars which rendered the deed void. The answer also asked affirmative relief but this request was afterward withdrawn. The court made findings of fact and conclusions of law covering all the issues .in the case and rendered judgment that appellants had no right, title and interest in and to the property described in the complaint or any part thereof. Appellants prosecute this appeal under section 953a of the Code of Civil Procedure and…