Sormano

Plaintiff was successful in an action to- quiet title to certain real property in the county of Los Angeles. One of the defendants, J. H. Smith, has appealed, bringing here the judgment-roll alone.

The complaint is in the usual form and contains the allegation that plaintiff “is now and for many years last past has been the owner and in the possession of that certain real property,” which is described in detail. Luther B. Wood and J. H. Smith (now appellant) answered, denying plaintiff’s ownership in the property or any part thereof and setting up their alleged "ownership in fee to all of it. By way of cross-complaint they averred that they were tenants in common to the fee.

Plaintiff answered their cross-complaint,. again averring his claim of interest in the property.

Defendant Loop answered the complaint and alleged his ownership of the described property by virtue of a certain tax deed.

All of the pleadings above described were filed in March and April, 1912. In May, 1915, J. H. Smith filed an amended answer and cross-complaint denying plaintiff’s ownership or right tó possession of the land described in the complaint. By way of cross-complaint he averred that before the…