Clough

This is an action to quiet title to land in the city and county of San Francisco under the so-called McEnerney Act. Plaintiff had judgment as prayed for in his complaint from which defendant Williams, as administratrix, appealed. She also appealed from the order denying her motion for a new trial.

When the case was called for trial defendant Williams (appellant here) requested that the cause be heard before a jury. “The Court: I have read the pleadings and I am of the opinion that the defendant is not entitled to a jury and I therefore deny the demand for a jury trial and order that the trial proceed before the court.”

Appellant says in her brief: “The only point raised on this appeal is that of the refusal of the right to a jury trial. ’ ’

It appears that “plaintiff acquired the title under a trust deed set forth in full in the complaint, the recitals of which showed the grantors to be all the tenants in common, owners of the land, and the interest of each; that the Hibernia Savings and Loan Society held a first mortgage covering all the interests, and a second mortgage covering a part of the interest; also several other mortgages to other parties covering a part of the…