McPhail

This is an action brought by plaintiff to quiet title to a certain tract of land in Kings County, California, particularly described as the northeast quarter of section 3, township 24 south, range 18 east, Mount Diablo base and meridian, and to have set aside and declared null and void a certain judgment entered in the superior court in Kings County on the tenth day of June, 1909, in the case of Nunes v. Copper et al. The complaint was filed June 19, 1915.

Defendants answered and in the second amended answer denied that plaintiff was the - owner of the lands in question, and denied that the judgment in the case of Nunes v, Copper et al. was void and of no effect, but admitted that they claimed an interest and ownership in the lands and alleged in that respect that they were the owners of said land.

Defendants as a separate defense alleged: (1) that the sum of $87.12 by them paid for said lands had not been returned to them by plaintiff nor offer made to return the same; (2) that defendants and their immediate predecessors had acquired title by prescription, and (3) that said action was barred by section 318 and subdivision 4 of section 338 of the Code of Civil Procedure.

On…