Merrill

The defendant is the administratrix of the estate of Joseph E. Bachelder, deceased, and as such administra *675 trix advertised for sale certain parcels of real estate as a portion of the estate of her intestate. The plaintiff alleges in her complaint herein that she is the owner in fee of the said real estate, and seeks to restrain the defendant from selling or from offering the same for sale, upon the ground that her title thereto will be clouded. Judgment was rendered in favor of the plaintiff, and the defendant has appealed therefrom, and from an order denying a new trial. The allegations of the complaint are sufficient to support the judgment, and, as findings of fact were waived by the parties, only the order denying a new trial can be considered

For the purpose of establishing her claim of ownership, the plaintiff offered in evidence a judgment-roll in an action brought by her grantor against the defendant herein and the heirs of her intestate, in which the superior court had adjudged that her grantor was the owner in fee of said parcels of land, and quieting her title as against the defendants therein, and declaring that they be debarred from asserting any title thereto.…