Saunders

This action was brought by plaintiffs Reginald and Gladys Saunders and Florence Roos in trespass and to quiet title to a strip of land 331.89 feet in length and varying in width from 20 feet at the west to 14.6 feet at the east. The Saunders own the parcel south of and claim the disputed strip. Florence Roos, a prior owner of the land owned by Saunders, is owner of a purchase money trust deed which by its legal description encumbers the disputed parcel and additional real property. Defendants, brothers Sam and Joe Polich, own the parcel to the north of and claim the disputed strip. Judgment was entered in favor of plaintiffs. Because of failure of proof as to the rental value of the strip, damages were limited to one dollar. After denial of their motion for new trial, defendants appeal.

In violation of rule 13, Rules of Court, appellants fail to comply with the requirements of this rule since their - brief fails to include a “summary of the material facts.” Respondents are of no aid to the court since they filed no brief. We must glean the facts from the record.

For many years prior to 1950, a parcel of property in Section 4 was owned by one O’Harra. In September 1950, O’Harra…