Redmond

Action to quiet title, the complaint being in the usual form, and alleging that plaintiff was the owner and in possession of lot 31, block 2, of the Golden Bay Tract, as per map recorded in book 2, page 15, of maps, Los Angeles County, California; that defendant, without right, claimed an estate or interest therein adverse to plaintiff. Defendant Della McLean, the appellant, answered denying that the plaintiff was the owner or in possession of the lot described in the complaint; and, as a further defense, asserted that she was the owner in fee simple of the easterly four feet of said lot 31, but asked no affirmative relief. At the trial, judgment went for plaintiff, from which and an order denying her motion for a new trial, defendant McLean appeals.

The sole question at issue upon the pleadings was whether plaintiff was at the time of commencing the action the owner and in possession of all or any part of the lot described in his complaint as lot 31, block 2, as delineated upon the map referred to. At the trial plaintiff, in support of his claim, testified that at the commencement of the action he was, and for a long time prior thereto had been, in possession of said lot 31, as…