Alger

This is an appeal from a judgment quieting title in plaintiff to real property in Indio, Riverside County. The complaint was filed October 11, 1954. Defendant Nida lone Aston filed an answer denying that Dean E. Alger, deceased, was the owner of the property involved at the time of his death, and a cross-complaint in which she sought to quiet her title to said property. Ava Bell Reese filed a disclaimer of interest in the quiet title action and it was dismissed as to all fictitious defendants.

On June 30, 1955, defendant'Nida Aston filed a petition for determination of heirship in the matter of the estate of Dean E. Alger, deceased, being action Number 15272 in the Superior Court of Riverside County. In this petition said *86 defendant alleged that she was the surviving spouse of said decedent and one of his heirs at law. This matter and the quiet title action were consolidated for trial. Following the trial, a decree was entered in the proceedings to determine heirship and it was adjudged therein that the defendant Nida Aston was not the surviving spouse of said decedent and was not one of his heirs at law. No appeal was taken from this decree. Defendant Nida Aston appeals from…