Latham

This is an action by the plaintiff, Latham, against the defendants, the City of Los Angeles and one L. M. Bigelow, to quiet title to certain tracts of land in the city of Los Angeles, but by stipulation between the plaintiff and the said city — filed in the court below — the only portion of the property described in the complaint now in litigation is the lot known as the engine-house lot.

There was also a stipulation entered into between the plaintiff and the defendant Bigelow, by which it was agreed, in. addition to other matters, that the plaintiff and said Bigelow were u equally interested, and held in equal and undivided parts the lot known as the engine-house lot.”

The judgment of the court below was to the effect that the plaintiff and said defendant Bigelow are the owners in equal shares of said engine-house lot, and that the city of Los Angeles has no right in or title to the same.

The defendant city moved for a new trial, which was denied, and from the judgment, and the order denying its motion for a new trial, appeals. The appeal is from the whole judgment, and the defendant Bigelow has not been served with notice of appeal.

The findings support the judgment.

The…