Kitts

Plaintiff brings the action to qniet his title to certain portions of section 16, township 16 north, range 8 east, Mount Diablo base and meridian, alleging that defendants claim an interest therein adverse to plaintiff, without right, etc.

Defendants answering deny plaintiff’s alleged ownership to said lands, and aver title in defendants to certain particularly described portions thereof, and pray that they may be adjudged to be the owners of the land claimed by them, and that plaintiff has no right, title,.interest or estate in or to the same. Plaintiff had judgment in his favor as to a portion, not all the lands claimed by him, but the judgment included some of the lands claimed by defendants. Defendants appeal from the judgment on the judgment-roll alone.

The judgment contains the following recital: “The above entitled cause was heard upon the plaintiff’s complaint filed Oct. 4th, 1904, and the amendment thereto filed Nov. 29th, 1904, and the amended answer to the amended complaint filed June 26th, 1905, and the Court being fully advised in the premises decrees and adjudges as follows.” The judgment then describes certain of the land mentioned in the complaint, adjudging…