Howland

The defendants, George D. Howland and Annie E. Howland, have appealed from a judgment for the plaintiff Lotus Howland in an action to quiet title to certain land situate in the county of Los Angeles. The same defendants also appealed from an order of the trial court terminating all proceedings on the appeal. The plaintiff moved to dismiss the appeal from the judgment. That motion was denied for the reason that it was premature, and the denial was qualified as without prejudice to a renewal of the motion if the appeal from the order terminating proceedings for a record in the lower court should be decided adversely to the appellants. (Howland v. Howland, 11 Cal. (2d) 20 [ 77 Pac. (2d) 475 ].) The appeal from the order terminating proceedings was affirmed. (Howland v. Howland, 42 Cal. App. (2d) 4 [ 108 Pac. (2d) 41 ].) Another motion to dismiss the appeal from the judgment was made after the transcript was filed. That motion, also the appeal on the merits presented on the judgment roll alone, are now submitted for decision.

The plaintiff alleged ownership of a one-quarter interest in land which was particularly described. The defendants answered. The defendants’ pleadings disclose…