Gavin

This action was commenced against. Mary J. Gavin, Patrick Gavin, and C. S. Laumeister to *325 quiet plaintiff’s alleged title to a piece of land in the city of San Francisco. Pending this action, Mary J. Gavin married and thereby took the name Mary J. Holmes, and died before judgment, and her executor, Frank Swain, was substituted for her as defendant.

The defendant, Mary J. Gavin alone answered, denying plaintiff’s alleged title and right of possession, and alleging that, at and before the commencement of the action, she was, and still is, the owner of the piece of land described in the complaint, and is entitled to the possession thereof.

Upon the issues thus raised the court below found in favor of the defendant, executor of Mary J. Holmes, and rendered judgment accordingly.

The plaintiff brings this appeal from the judgment upon the judgment-roll, and without any bill of exceptions.

The only point madé by counsel for appellant is that there is no sufficient finding of facts to sustain the judgment.

The court found that plaintiff’s intestate, Ellen Gavin, never did, and that her estate does not now, “ own or possess or have any right, title, or interest or estate in or to…