Thompson

1 The pleading upon the part of the defendant did not amount to a cross-complaint, for this is unknown to the Code of Civil Procedure (sections 420, 462). There was, therefore, no necessity for a reply upon the part of the plaintiff, the new matter found in the answer being denied by force of the statute. In this view it was incumbent on the defendant at the trial to support his answer by proof, in so far as the answer set up new matter, and having failed' in this, the allegations of new matter found in the answer go for nothing.

2. It was not well objected that the plaintiff’s exhibit No. 4 (being the conveyance from Francisco de la Guerra to C. A. Thompson) was vague in its description or did not identify any land. It described the land as a lot containing fifty and fifty-two one-hundredths acres situate in the town and county of Santa Barbara, in the state of California, and being the same lot designated as lot No. 62 of the lots marked on the official map (made by Norway, surveyor) of the outside lands of the town of Santa Barbara.

3. The premises in controversy are part of the pueblo lands pertaining formerly to the pueblo of Santa Barbara and subsequently confirmed and…