Crocker

This is a suit to quiet title to land. ' The judgment in the court below was for plaintiff. The appeal is from an order denying the defendant’s motion for a new trial. The complaint was filed May 5, 1899.. The answer sets up three alleged “liens” on the property, of the aggregate amount of $176.08, based on certificates of tax-sales to one Bosworth, defendant’s assignor, of dates, March 30, 1885, March 26, 1886, and April 5, 1887, respectively. There is no prayer for affirmative relief in the answer, but it • is alleged that the defendant ought not to have a decree quieting his title, unless up on-the condition of paying the above amount.

The motion for a new trial was based on the ground of insufficiency of the evidence to justify the decision of the court; and the only specification that requires consideration is, that “the evidence is insufficient to justify the decision that the defendant, Dougherty, is not entitled to a "lien upon the . . . property [in question] for the amount specified in the answer,” etc. The evidence bearing on this specification— which is all the evidence in the bill of exceptions—is: 1. A stipulation to the effect “that the plaintiff was, at the…