Rockey

This -is an action to quiet title to a parcel of land in Kern County. The answer set up title and possession in the defendant Andre Vieux. The court found that said defendant was the owner in fee and in possession of the property, and entered judgment quieting his title against the claims of the plaintiffs. The latter appeal from the judgment. They also attempted to appeal from an order denying their motion for a new trial, but such appeal was not authorized by the law in' force at the time the notice was given. (Code Civ. Proc., sec. 963, amended 1915, [Stats. 1915, p. 209].)

The defendants claimed under a tax deed, and the appellants argue that the tax proceedings were defective and the deed void. But they totally failed to show that they themselves had any title or interest whatever in the property, or that they had ever been in possession of it. Their own evidence consisted simply of a decree of distribution made by the superior court, sitting in probate, in the matter of the estate of one Ferdinand Smith, deceased. • By the terms of this decree there was distributed to the plaintiffs, among other property, the land in controversy. There was no attempt, however, to show that…