Mahan

The Mahans commenced an ordinary action to quiet title against Millar, the real property described in the complaint being a certain parcel of land which we shall designate as Tract X, consisting of 360 acres. It appearing that California Oil Development Syndicate, hereinafter called the Syndicate, had acquired the interest of Millar in Tract X, the Mahans then commenced an action to quiet title to that tract against the corporation named. Millar filed an answer in the first action denying certain allegations of the complaint and he also, together with the Syndicate, filed a cross-complaint against the Mahans, by which pleading Title Insurance and Trust Company, which we shall below refer to as the Trust Company, was brought in as a cross-defendant. It was then stipulated that the two actions might be consolidated for trial, an order being entered accordingly. It was also stipulated that the answer and cross-complaint filed by Millar in the suit against him might stand as an answer and cross-complaint in the suit against the Syndicate. The cross-complaint was later supplanted by an amended cross-complaint. This pleading was demurred to by the Mahans on the ground that it 11 does…