Bird

This is an action to quiet title to two lots at Lodi, San Joaquin County. The defendant specifically denied the allegations of ownership and right of possession by the plaintiff. In a cross-complaint the defendant also alleged the existence of a judgment in her favor in said county, and a fraudulent conveyance of the property to plaintiff to defraud creditors and defeat her judgment. The cross-defendants appeared and filed disclaimers and specific denial of the alleged fraudulent conveyance. From a judgment quieting title in plaintiff, and failing to pass upon the issue of fraudulent conveyance, this appeal was taken.

The question of the fraudulent conveyance of the lots was an issue at the trial, and should have been passed upon by the trial court.

The complaint contains the simple allegations of a suit to quiet title, as follows: " That the plaintiff is now, and for a long time hitherto, has been the owner and in possession of those certain lots (describing them). . . . That the defendant claims an estate or interest therein adverse to the plaintiff. . . . That the claim of the defendant is without any right whatever.” The complaint fails to allege the source of plaintiff’s…