Pottkamp

Action to quiet title to a lot of land fifty by one hundred feet, and a house thereon, used and occupied as a store and bakery, situate in the city of San Francisco. The defendants answered the complaint, denying plaintiff’s alleged title, and averring that Buss is the absolute owner of the house and lot, and that the defendants Pfeiffer & Ludemann (sued as Doe and Boe) are in possession under a lease from him. Defendants also filed what purports to be their cross-complaint against the plaintiff, praying that their title may be quieted, and that plaintiff “be forever enjoined and debarred from asserting any claim whatever in or to said land and premises adverse to the defendants.” Judgment passed for defendants, according to the prayer of their cross-complaint. The plaintiff brings this appeal from an order denying his motion for a new trial.

The plaintiff claims title from the defendant Buss by the following written instrument:

On July 8, 1887, Buss filed in the superior court his petition under the insolvent act, and was then adjudged to be an insolvent debtor. On July 20, 1887, he applied to the court in the insolvency proceedings to have set apart to him the house and lot in…