Crocker

The complaint in this action states substantially a cause of action under section 738 of the Code of Civil Procedure, which authorizes one person to bring an action against another, claiming an interest in real property adversely to him, for the purpose of determining such adverse claim; and the prayer of the complaint is that the defendants be required to set forth the nature of their adverse claims, and for a judgment that the title of plaintiffs to the lands described be quieted and declared good and valid, and that plaintiffs are entitled to the possession of the same, and the defendants be enjoined(C from asserting any claim whatever of, in, or to the said lands .... or any part thereof, or to the possession thereof, adverse to these plaintiffs.” The judgment of the superior court was in favor of plaintiffs and the defendants appeal.

1. The court did not err in refusing the demand of the defendants that all the issues made by the pleadings should be tried by a jury. It is certainly true that in an action brought under section 738 of the Code of Civil Procedure, the issues may be such as to require their trial by a jury upon the demand of either of the parties. In the case of…