Moakley

This is an action to quiet title to a strip of land formerly occupied by the defendant Railway Company as a right of way. The complaint is in the usual short form. The answer of the defendants Young and Alphonso and Margaret Swaboda deny the allegations of the complaint. Their denial of the allegation that their claims are unfounded is in the following language: “Defendants deny that the claims of said defendants and each of them or of said defendants or each of them are without any right whatever and deny that said defendants or either of them have no estate, right, title or interest in or to said real property above described or any part thereof.”

At the trial the foregoing denial was treated as a sufficient statement of the defendants’ claims to admit proof thereof and no question in relation thereto is raised by the parties to this appeal.

Judgment was entered quieting plaintiff’s title to a part of the strip of land and adjudging that Alphonso and Margaret Swaboda and “the successors in interest” of Young are the owners of the remainder of the strip and that the plaintiff “has no right, title or interest” in such remainder. The plaintiff has appealed from the part of the…