Donner

— Donner, in April, 1861, commenced an action against the defendants to recover three undivided fourths of 100 vara lot No. 39 in San Francisco. He averred in his complaint that he was seised of the premises as owner in fee. The answers of the defendants denied that allegation, and set up title in themselves to the several subdivisions of which they admitted themselves in the possession.

The only issue, therefore, joined between those parties rested upon the ownership in fee of the undivided three-quarters of the premises. Under these circumstances Bradley undertook to intervene in the action. His petition, filed for that purpose (and served upon Donner and the defendants), set up that he was himself the owner in fee of one of the undivided three quarters of the premises mentioned in the complaint of Donner, and that he had an interest to that extent in the matter in litigation, in the success of Donner, and against the asserted title of the defendants. To this intervention Spencer, one of the defendants, filed an answer, which only raised an. issue of title between himself and Bradley. The other defendants did not, in fact, plead to the petition of Bradley, but by stipulation of…