Duckett

Action to quiet title to real property. Defendant answered setting forth that after the filing of the action it had acquired title in fee simple to said real property at public auction under foreclosure of a deed of trust executed by plaintiffs. The defendant in its answer also alleged that it was the owner of said real property and asked that its title be quieted as against the plaintiffs and for possession of said real property. The court found all the allegations of the answer to be true and that plaintiffs had no right, title, or interest in said real property, and entered its decree quieting defendant’s title and granting defendant possession of said real property. The plaintiffs have appealed from said decree, and the only point made by them in their opening brief is that the court was without right or authority to award the defendant possession of said real property in the absence of any allegation or proof that the defendant had served upon plaintiffs a three days’ notice *265 to quit and surrender possession of said real property. as required by sections 1161, 1161a and 1162 of the Code of Civil Procedure. The defendant has moved to dismiss the appeal or affirm the…