Warden

This action was brought for the purpose of quieting title to lots 12 and 13 of Palm Island tract in Los Angeles County. Judgment went for defendants., and this appeal is prosecuted therefrom.

Neither party has attempted to state the facts of the case in his brief. Apparently they proceed upon the assumption that this court heard all the evidence. We are left to the expedient of picking up such facts as appear here and there throughout the discussion. The transcript is filled with discussions of legal points. The facts are interspersed. If section 2 of rule VIII governing the procedure in this court had been in effect when this appeal was perfected, a much clearer presentation of the issues would have been made.

The title of, plaintiffs is predicated upon a deed from the administrator of the estate of Emma A. Stone, deceased. That estate was probated in San Bernardino County, and the deed was executed pursuant to an order confirming a probate sale. Defendants relied at the trial upon two sources of title, to wit: one from a tax sale and one based upon adverse possession.

Respondents contend that the record shows that appellants had no title whatever to the property for the…