Wood

This is an action to quiet title to a lot of land in the city of San Francisco. John Agnew took possession of the property in 1868, and held the same until April 25, 1871, when he conveyed it to John Hogan, who entered into possession of the land and held it until his death, which occurred August 6, 1874. Hogan left surviving him the widow, Ellen, and four minor children. Letters of administration were issued to Ellen August 26, 1874. On October 3,1884, after due proceedings had, the lot was sold under an order of the probate court to the respondent, who received a deed from the administratrix on October 20th. On the same day the respondent received from Ellen Hogan a quit-claim deed of the property.

The appellant claims under a judgment in Harney v. Corcoran, foreclosing the lien of a street assessment on the property in controversy. This judgment was entered on June 3, 1879, and the sheriff’s deed to appellant is dated December 4, 1883. The proceedings leading up to the street assessment were initiated by resolution of intention, filed March 27, 1876. It is admitted that the respondent had actual notice of the sheriff’s deed to appellant.

Ellen was a party to "the action of…