Canty

These are appeals from the judgments in favor of defendants, and from the orders denying plaintiff’s motion for a new trial in two actions to quiet plaintiff’s alleged title to two parcels of land in Fresno County, which actions were consolidated and tried together.

Plaintiff asserted title under certain tax proceedings based on assessments for state and county taxes for the year 1894, culminating in deed from the state to plaintiff for the property involved. These alleged proceedings were set forth in plains tiff’s complaints.

The answers of the defendants sufficiently denied the allegations of plaintiff’s complaints to present the questions we shall discuss. They also contained allegations on the subject of an attempted tender, made after the commencement of the action, to plaintiff, of the amount alleged by plaintiff to have been expended by him in connection with his attempted purchases from the state, but the trial court made no finding thereon, no evidence having been introduced in regard thereto, so far as the record shows. Judgment was given in each case denying plaintiff any relief, and decreeing defendant to be the owner of the property involved and quieting his title…