Maguire

This action was commenced in the county of Los Angeles. The complaint consists of three counts. The first of these is in the ordinary form of a complaint to quiet title, but the real property involved lies in the county of Alameda and in the city and county of San Francisco. The second count partakes of a hybrid character, being in form a complaint to quiet title to the real property described in the first count and to personal property consisting of $3,000 in cash. The third count is for the recovery of money had and received in the sum of $3,000. Plaintiff had judgment and the interveners appeal.

Before disposition is made of the appeal a preliminary matter engages our attention. Appellants move the court “to dismiss the . . . action, and for an order . . . ordering and directing” the trial court “to dismiss said action, and for an order and decree therein that” the trial court, “and, therefore the above-entitled court, never had jurisdiction of said action, or right or power to try the same.” The motion is made “on the ground that said action involves the title to real property, all of which is situated, lying and being in the county of Alameda, . . . and that said action was…