Hickey

Plaintiff brought this suit to quiet title to four lots of land in .a designated tract in the city of Inglewood. The defendant had judgment and plaintiff has appealed. The particular object of the suit is to remove a cloud of an alleged “pretended judgment” against the appellant, obtained by the respondent in a previous action in the same court entitled Algie v. Buck (the former name of the present plaintiff), and which judgment was docketed in the superior court of Los Angeles County, wherein the real estate is located.

It is alleged in the complaint “that said pretended judgment was obtained by a representation made to the court that the defendant therein had appeared in the action, when in fact the defendant therein had not appeared, nor had an attorney appeared for her, nor had she been served with the summons therein, and the said judgment was obtained without any knowledge thereof on the part of the plaintiff herein.” The trial court found that defendant, plaintiff and appellant here, did, as a matter of fact, appear generally in the former action, and that by reason of said judgment this respondent has a lien upon three of the plaintiff’s lots. Appellant contends that this…