Sherrod

Plaintiff sued in- ejectment to recover possession of certain real property in the city of Los Angeles. Judgment went for the plaintiff and defendants William H. Sherrod and Mildred H. Sherrod appeal on the judgment-roll.

The complaint and answers are in the usual form in actions of this nature. The complaint was filed on July 8, 1922. The action was tried on August 25, 1922, and judgment was entered in favor of the plaintiff on September 13, 1922. On September 22d the defendants gave notice of their intention to move for a new trial, and on October 2d filed affidavits to be used on this motion together with a pleading designated as a cross-complaint in equity. This pleading was, on motion of the plaintiff, stricken from the files on October 18th. Defendant’s motion for a new trial was apparently denied, though this doeso not appear in the transcript. The notice of appeal recites that the appeal is taken by the defendant William H. Sherrod and his wife from the judgment and from the order overruling their motion for a new trial. No bill of exceptions was settled, but the transcript contains a number of affidavits and other papers followed by the clerk’s certificate that they are…