Brooks

Judgment was taken against the defendant Adams by default, and no appeal was prosecuted within the statutory time.- More *288 than two years after the judgment was entered, Adams moved to set it aside, on the ground that the relief granted was in excess of that prayed for in the complaint, in violation of sec. 580 of the Code of Civil Procedure, and that for this -reason the judgment was void. The motion was denied, and Adams appeals.

Waiving the question whether the judgment would be void if the relief granted exceeded that prayed for, we proceed to inquire whether the relief granted was in fact in excess of the prayer of the complaint. The proposition of the appellant is that the relief granted was excessive, because all the defendants, except Frisbie and De Zaldo, were alleged to have acquired interests in the land which were subject to the plaintiff’s claim, and the prayer was that the “ defendants ” be required to convey to the plaintiff the interest which he claimed. As the appellant construes it, this was, in legal effect, a prayer that each defendant convey his proportionate share of the whole amount required to be conveyed. But in the judgment it was adjudicated that the…