Trozera

This is an action to quiet title to certain real property in Riverside County. Judgment was rendered in favor of plaintiffs, and defendants have brought this appeal on a bill of exceptions.

Defendants contend that the judgment should be reversed on the ground that the tax proceedings had were defective and, therefore, the deed based thereon is invalid. Plaintiffs contend that the defendants in their answer to their complaint have not raised an issue and that, therefore, it is immaterial whether there was sufficient, or any, evidence to support the findings. We cannot agree with this contention. The particular portion of the complaint to which they refer reads as follows: “That plaintiffs are now and their predecessors in interest have been for more than five years last past the sole and exclusive owners in fee and in possession of all that certain real property situate in the comity of Riverside, state of California, and particularly described as follows, to wit”: (Then follows a particular description of the property involved.)

The particular portion of the answer to which plaintiffs refer reads as follows: “Deny that plaintiffs are now or their predecessors in interest have…