Andrews

The respondent brought an action to quiet his title against defendant Albert C. Russell and defendant and appellant Kern-Torranee Petroleum Corporation in and to the land and premises described in the complaint. The defendant Albert C. Russell failed to appear and answer the complaint within the time allowed and his default was regularly entered. The appellant KernTorranee Petroleum Corporation answered and set up its right to the possession of the property under and by virtue of a lease which had been executed and delivered by respondent to defendant Albert C. Russell and by him assigned to appellant, and set forth that it claimed no interest in or to the premises except under a lease executed by respondent.

The court found that the plaintiff was at the time of the commencement of the action, and prior to January 10, 1923, the owner in fee simple of the real property described in the complaint; that the defendant Kern-Torranee Petroleum Corporation, claims and asserts an interest dn said land adverse to plaintiff by reason of a lease entered into between plaintiff and Albert C. Russell on J anuary 10,1923, and thereafter assigned to the defendant, Kern-Torranee Petroleum…