Schott

Two actions were commenced by the plaintiff against the defendant. One was an action instituted in the superior court for the partition of three parcels of land situated in the city of Los Angeles, the plaintiff claiming that he and the defendant were the owners thereof in joint tenancy. The other action was one for the recovery of certain rents and profits for one of said parcels, instituted in the justice’s court, and transferred to the superior court for the reason that the defendant claimed that title to the real property was involved therein. By consent the actions were consolidated and tried together in the superior court. Judgment went for the defendant, and we have here an appeal by plaintiff from such judgment and from an order denying his motion for a new trial.

All the property involved stands on the records in plaintiff and defendant as joint tenants with the right of survivorship, the same having been acquired by three deeds from third parties, one bearing date April 30, 1907, another bearing date October 23, 1908, and the third bearing date November 18, 1908. In the first of these deeds the grantees were described as “Ada L. Schott and Victor L. Schott, ... or the…