Kneale

This is an action to quiet title, combined in trial with an action to recover for water delivered.

*766 Pleadings

Action 75029 was originally commenced by Paul Rhoads and Virginia Rhoads, respondents herein, against William H. Kneale, appellant herein, and Velna A. Kneale (who did not appeal) in the Justice Court of Kern River Judicial District, Kern County, on January 2, 1959, to collect unpaid charges for water delivered. The complaint was in three counts of (1) indebitatus assumpsit, (2) open book account, and (3) account stated. The Kneales answered by general denial and affirmative defense of alleged lack of title in Rhoads to the water system from which the water was delivered and, by cross-complaint, have alleged unlawful detainer of certain described land, praying damages. The cause was then (about April 22, 1959) transferred to the Superior Court of Kern County and became action No. 75029. Cross-defendants Rhoads answered and admitted possession and claim of title, and denied their lack of title.

Action No. 74299 was commenced January 12, 1959, by William H. Kneale against Paul Rhoads and Virginia Rhoads to quiet title to the same land described in the cross-complaint…