Frame

This is an action to quiet title to certain lots of land in the city of San Diego, county of San Diego. Judgment went for plaintiff, and defendant Labee appeals from the judgment and from an order denying his motion for a new trial.

Appellant admitted at the trial that respondent “has the paper title to the land in question,” and as there was no evidence tending to show any title or right of appellant to the land, respondent’s ownership thereof is not questioned. The only contention made by appellant for a reversal which calls for consideration is the technical one that respondent cannot maintain this action because it has failed to comply with the provision found in the second sentence of section 299 of the Civil Code, which is as follows: “Every corporation now in existence, whether formed under the provisions of this code or not, must, within ninety days after the passage of this section, file such certified copy of the copy of its articles of incorporation in the office of the county clerk of every county in this state in which it holds any property, except the county where the original articles of incorporation are filed.” And following this it is declared that a corporation…