Bryant

In October, 1931, plaintiff Mabury Company brought this action to quiet title to some 1260 acres of *587 land located in Kern County. In December, 1931, the defendant, administrator of the estates of Berryman Bryant and Henrietta F. Bryant, both deceased, answered and also cross-complained, asserting an interest in and seeking to quiet title to about 17,920 acres of land, called the Antelope ranch, which included within its borders the 1260 acres described in plaintiff’s complaint. In April, 1936, the original defendant administrator having died, there was a substitution of a new defendant administrator. In May, 1936, plaintiff filed an answer to defendant’s cross-complaint, claiming title to all the land described therein save about 320 acres, and praying that its title thereto be quieted.

After further proceedings in the cause, wherein a demurrer to the answer to the cross-complaint was overruled, and the trial date was set, defendant, on September 11, 1936, moved for a continuance on the ground that there were two other causes of action pending between the same parties as to the same subject-matter, and also moved that he be allowed to amend his answer and cross-complaint to…