Scott

It is agreed by counsel for the respective parties hereto that this is an action to quiet title.

The amended complaint alleges: “That on or about the third day of January, 1908, plaintiff’s grantors, August A. Lueger, sometimes called A. Lueger, and Hedwig Voightlander, nee Lueger, were the owners in fee of all that certain lot, piece and parcel of land situated, lying and being in the township of Analy, county of Sonoma and state of California, and bounded and particularly described as follows, to wit:” There follows a description of certain land, to which reference will hereafter in this opinion be made. It is next alleged that on said third day of January the “property stood of record in the name of Ernest Lueger, and that on or about said date without the knowledge or consent of August A. Lueger or the said Hedwig Voightlander, nee Lueger, the said Ernest Lueger made, executed and delivered to one Chris Mugge a certain mortgage upon all of the aforesaid property, to secure the payment to the said Chris Mugge of the sum of two thousand dollars. That after the execution of the said mortgage to the said Chris Mugge as aforesaid, the said Ernest Lueger made, executed and…