Fox

Plaintiff instituted this action to quiet his title as to various lots of land in the city of Los Angeles, against many defendants, including R. P. Mudge. As to most of said defendants, including Mudge, the only attempted service of summons was by publication. As to said defendants, they not having appeared, default was entered on October 3, 1902, and judgment was rendered on said default in favor of plaintiff and against said defendants on December 23, 1902. On July 3, 1903, the trial court made an order granting a motion of defendant Mudge to set aside a judgment as to him, and allowed him to answer to the merits of the original action, which he did on the same day, disclaiming any interest in the land described in the complaint, except one lot, as to which one lot he denied plaintiff’s claim of ownership and alleged title in himself. On the issues thus made, the cause was tried as between the plaintiff and Mudge, and the trial court found in favor of Mudge, and gave judgment in his favor as to said lot. Plaintiff appeals from the order of July 3, 1903, setting aside the original judgment against Mudge, and also from the judgment finally entered in favor of Mudge, his only…