McGinnis

By this proceeding respondent seeks an order dismissing the appeal herein on the ground that appellant has failed to comply with the rules on appeal in that no record on appeal has been completed as provided for in rule 10(a) of the Rules on Appeal.

The aforesaid rule provides in part as follows: “. . . If the appellant shall fail to perform an act necessary to procure the filing of the record or to pay the filing fee within the time allowed therefor or within any valid extension of that time, and such failure is the fault of the appellant and not of any court officer or any other party, the appeal may be dismissed on motion of the respondent or on the reviewing court’s own motion.”

The certificate of the clerk of the superior court reflects that this is an action for declaratory relief to cancel a deed and to quiet title to real property and was filed March 19, 1957. The relief prayed for is that the court declare that the described deed from Robert B. Monjoy to Robert B. Monjoy and Anna L. Mon joy is void and of no effect; that by virtue of the death of Robert B. Monjoy plaintiff acquired all of his interest in the described property as surviving joint tenant; that the court…