Lantz

This is a suit to quiet title, resulting in a judgment for the plaintiff. The defendants appeal from the judgment, and from an order denying a motion for a new trial.

The complaint is in the usual form, alleging title in plaintiff’s testator, George Locke, at the time of his death, and subsequent title in his estate. The original title of plaintiff’s testator is admitted. But defendants in their answer allege title in the defendant Rheinsehild, deraigning title (in the second defense set up in the answer) under sales of the two lots in controversy by the city treasurer upon default in payment of the first installment due on bonds issued upon a street assessment for the improvement of Bridge street, in the city of Los Angeles, and deeds thereon issued. They also set up, in a third defense, as a claim against the land, a bond issued upon a street assessment of the same lots for the improvement of the crossing of Behandia street with Bridge street; and, in a fourth defense, an alleged estoppel in pais is pleaded.

It appears from the findings that the specifications of the work under both assessments were the same as those involved in Stansbury v. White, 121 Cal. 433 , [ 53 Pac. 940…