Wyser

Action by the plaintiff to quiet title to lot 18, Factory Center Tract, in the county of Los Angeles. The plaintiff had judgment and the defendant William Lender appeals.

The plaintiff’s title is based upon a conveyance from Alfred A. Burt, the record owner, the deed from Burt to the plaintiff being executed and delivered while the grantor Alfred A. Burt was in possession of the lot in question. The appellant’s title is founded upon a deed from the tax collector of Los Angeles County.

The complaint sets out that the plaintiff, at the time of filing the complaint, and for a long time prior thereto had been and was the owner and in the possession of the premises referred to; that the defendants claim and assert an interest therein adverse to plaintiff, and that the claims of the defendants, and each of them, were without right, etc. The complaint contains a prayer that the defendants be required to set forth "their title if any; that the plaintiff have judgment as prayed for, etc. The court found that all the allegations of the complaint are true and correct in so far as the same relate to lot 18 in block 5, Factory Center Tract, as per map recorded in book 22, pages 18 and 19 of…