Winslow

The appeal in this case is direct from the judgment upon the judgment roll alone. The appellant seeks its reversal upon the ground that the court below did not make findings upon all the issues in the case. The complaint is in the ordinary form of a complaint in ejectment. The answer denies its several allegations, alleges title in the defendant, pleads the statute of limitations, and sets up an equitable defense. The court found only the facts which were alleged in the complaint, and rendered judgment in favor of the plaintiff.

In Himmelman v. Henry, 84 Cal. 104 , it was held that “a failure to find upon some issue, a finding upon which would merely have the effect of invalidating a judgment fully supported by the findings made, will not be held ground for reversal, unless it is shown by statement or bill of exceptions that evidence was submitted in relation to such issue.” Appellant seeks to distinguish the present case from Himmelman v. Henry, 84 Cal. 104 , by the fact that it is recited in the findings herein that “the court proceeded to hear said cause upon the issues made by the complaint, and the answer of the defendant *452 thereto; and. the court, having heard the proofs…