Wilson

James Wilson sued the defendants in the District Court for the County of San Diego, to quiet his title to a tract of land situate in that county. The defendant Madison answered and *6 set up a cross-complaint, to which pleading, last-mentioned plaintiff filed an answer. The defendant Tull suffered a default. When the plaintiff rested his case on the complaint, on motion of defendant Madison, the Court ordered a nonsuit, and from the judgment of nonsuit plaintiff brings an appeal to this Court.

The case was tried by the Court, a jury having been waived, and the plaintiff, to sustain the issues on his part, introduced the following evidence : The record from a Justice’s Court from Agua Caliente Township, County of San Diego, brought by one W. J. Grallaspy against A. Hatfield on a promissory note, summons with return of service on defendant, demurrer of defendant by attorney, and a judgment in favor of plaintiff and against defendant for the sum of $28.50 and costs. This judgment was rendered and entered on the 6th of November, 1876, and on the same day, as appears fz’om the testimony, an execution in due foz’m of law was issued, which came to the hands of Thomas Bundy, constable,…