McDonald

This action was brought to quiet title against several defendants, but no defense is made except by the representatives of Maurice Dore, deceased, who are the appellants.

The plaintiff, in his complaint, avers that he is the owner and in possession of the land in question, and yet the defendants assert title thereto and slander and deny the right and title of the plaintiff therein, and by such assertion of their alleged *61 rights, and slander and denial of the right and title of the plaintiff, the defendants have created doubts and thrown suspicion upon plaintiff’s title. He demands judgment that his title is good and paramount to the title and claim of defendants, and each of them.

Appellants deny plaintiff’s allegation of title, allege title in Dore, and assert certain equities.

The controversy involves the Rancho Jamul,- in San Diego county, except a portion thereof which had been set apart to Mrs. Burton as a homestead. In 1831 a provisional grant was made to Pio Pico. In January, 1851, Juan Forster, in his own name, as party of the first part, contracted with Lopez, Crossthwaite, Richard Rust, and William E. Rust, as parties of the second part, to sell to them the right,…