McCartney

Motion to dismiss appeal. Plaintiff, as the owner of a certain tract of real property in Los Angeles County, having the same under subdivision, sued the various defendants in- an ordinary action to quiet title. Issues upon the complaint and answers thereto and upon cross-complaints by certain defendants and answers thereto were made up as was also the issue made by one complaint in intervention and answer thereto. The defendants constitute a large body of persons, some of them claiming under an agency contract executed by the plaintiff to defendant A. P. Campbell, and others claiming as purchasers from agents of lots in said tract. The action was tried, findings made and judgment entered. Plaintiff appealed.

Respondent Timm moves herein the dismissal of plaintiff’s appeal upon the ground that plaintiff and respondent McCalla have composed their differences by each executing a conveyance of their respective rights in and to said tract to a third party, in which conveyance plaintiff included the lot in said tract to which respondent Timm has laid claim. The argument is that by this conveyance on the part of plaintiff a new contract has arisen which supersedes all the issues…