Trull

Plaintiff commenced this action to quiet title to thirteen lots situate in the town site of Howard, formerly the town site of Rosecrans, in the county of Los Angeles. Judgment was awarded the plaintiff, from which judgment the defendants Dunn appeal.

The complaint alleges that the plaintiff is the owner and for a long time preceding the filing of the complaint was and has been the owner of said lots, in the possession of and entitled to the possession thereof, and that the defendants assert some interest therein adverse to the plaintiff, and that such asserted claim or interest is without right of title. The defendants answered by denying the ownership and possession of the plaintiff and also denied that the claims of the defendants are without right.

While the answer of the defendants does not allege title in the defendants or ask any affirmative relief from the court, the course of the trial and the testimony introduced shows that the defendants attempted to. establish title in themselves to the premises in controversy. The record shows that on the fourteenth day of May, 1887, the title to all the property described in the complaint as well as a much larger tract was owned by…