Carpenter

This is an action to quiet the title of plaintiff to lots 1 and 2, in block 132, in the city of El Paso de Robles, county of San Luis Obispo, state of ■California.

The answer of defendant denied the allegations of the -complaint, and as a further defense to the action set up title in himself under a tax deed, a copy of which is attached to the answer.

Plaintiff failed to deny the genuineness and due execution of the tax deed by affidavit, as provided by section 448 of the Code of Civil Procedure.

At the trial it was admitted that plaintiff was the ■owner of the land described in the complaint, unless the tax deed set out in defendant’s answer defeated the plaintiff’s title.

The cause was submitted to the court upon the admission aforesaid and the tax deed without further evidence.

Written findings were waived and judgment was thereupon entered in favor of the plaintiff, from which judgment and from an order denying a motion for a new trial defendant appeals.

The question presented relates to the sufficiency of the tax deed upon its face to defeat plaintiff’s title.

The contention of appellant may be summarized thus:

The second proposition is supported by reference to…