Johns

This is an appeal by petitioner W. Harry Johns, in propria persona, from a judgment of dismissal of petition for writ of mandate entered upon the sustaining of the demurrer without leave to amend interposed by the respondent Martin Mongan.

The record discloses that on September 26, 1958, appellant brought an action in the Superior Court of San Francisco to quiet title and to set aside a trustee’s deed. The real parties in interest were served on or about February 3, 1959. On February 9, 1959, appellant filed an amended complaint which was shortly thereafter served upon the real parties in interest, who in due time filed a demurrer to the said amended complaint. The demurrer to the amended complaint came *96 on for hearing on April 22, 1959, at which time it was discovered that appellant had on March 24, 1959 had the default of the real parties in interest taken for failing to appear and answer with respect to the original complaint. The court thereupon continued the hearing on the demurrer to May 6, 1959, so that the real parties in interest could move to set aside the default. The appellant was notified of the continuance prior to April 24, 1959. However, on that date he…