Moses

Plaintiff brought an action in ejectment against Maud B. Moses to recover the possession of certain premises situate iu Marin county. The defendant Moses was in possession of the premises under a lease from J. W. Mitchell, the husband of plaintiff. Plaintiff in her separate complaint alleged the locus in quo to be her separate property. The defendant Moses answered, denying the material allegations of the complaint.

The appellant, J. W. Mitchell, by leave of the court, filed a complaint in intervention to quiet title as against plaintiff. The complaint of the intervenor was in the ordinary form of a complaint to quiet title, and alleged that the intervenor was seised in fee of the premises in dispute, and that plaintiff claimed some interest in the premises adverse to the right of said intervenor. Plaintiff answered the complaint in intervention, and denied the allegations as to the seisin of the intervenor, and alleged that she was the owner and seised in fee of said property.

Plaintiff recovered judgment both against defendant Moses and the intervenor.

The intervenor moved for a new trial, which being denied, he in due time appealed from the judgment and order.

The only…