Baar

This is an action to quiet title. The plaintiff named as defendants F. M. Smith, his wife, West End Consolidated Mining Company, Mercantile Trust Company and several other persons. The defendants appeared and answered and a trial was had before the trial court sitting without a jury. The trial court made findings in favor of the plaintiff and from a judgment entered thereon the defendants appealed under section 953a of the Code of Civil Procedure.

The judgment appealed from contained many provisions. After it was rendered, on an application for a writ of supersedeas, the supreme court decided that the judgment was void except in so far as it provides for the quieting of plaintiff’s title to the stock. (Baar v. Smith, 201 Cal. 87 [ 255 Pac. 827 ].) The appellants present six points. In the first place they present the point that the judgment is void except in so far as it provides for the quieting of plaintiff’s title to the stock. In support of that point they cite Baar v. Smith, supra. The respondent disagrees with the appellants ‘ in this contention and presents many arguments and cites many authorities which she claims to be to the contrary. It is a sufficient reply to state…