Carter

This is an appeal on the judgment-roll alone from a judgment in favor of the defendants in a suit to quiet title to certain real property situated at Bakersfield, in the county of Kern. The plaintiff claims as grantee of L. L. Bateman.

The complaint is in the usual form. The answer and supplemental answer allege, and upon a trial of the issues the court found, that the plaintiff was not the owner of an interest in, nor entitled to possession of, the property in suit, but that defendant Sill had legally acquired the title, was the lawfully constituted owner and entitled to possession.

The facts as set forth by the defendant’s pleadings and in the findings are, substantially, that on May 8, 1911, one L. L. Bateman was the owner and in possession of the property; that Bateman and wife on that date mortgaged the same to the Producers Savings Bank, which said mortgage the bank subsequently assigned to Ben H. Sill; that Sill thereafter foreclosed this mortgage on October 24, 1918.

It is further alleged, and found by the court, that previous to such foreclosure, and on October 24, 1913, Bateman was the owner of the property, subject to said mortgage, and that on the latter date Sill…