Appeal from the Circuit Court of the United States for the Western Division of the Western District of Washington.

Bill by Cliolett Cady against Lewis W. Center. Complainant having dismissed his bill without prejudice, and a demurrer having been sustained to defendant’s cross-bill for want of equity, and the bill dismissed, defendant appeals.

In December, 1909, the appellee filed his bill to quiet title to a 23-acre tract of land, alleging that he owned the land and had paid taxes thereon for the last seven years; that in 1901 he had brought an action of ejectment against the appellant to recover the property, and upon the issues framed he was adjudged to be the owner of the property and entitled to the possession; that a writ of possession was issued and delivered to the marshal, who executed the same by putting the appellee into' possession ; that the appellant, notwithstanding such judgment and execution, has maintained possession, asserted ownership, and has converted wood cut upon the premisos. The appellee prayed for an injunction and that his title be quieted. The appellant answered the bill, denied that the marshal had ex-ccutecl the writ of possession, denied tlie title of tlie appellee, and asserted title in himself. With his answer the appellant filed a cross-bill, in which he alleged possession since 1899 of the land in controversy and also of a 20-acre tract lying south thereof and adjoining the same. He alleged that the marshal, in executing the writ of possession, being unacquainted with the boundaries of the land described therein, removed the appellant from said south 20 acres, took from his tenant the keys of the buildings standing thereon, and placed the appellee’s agent in possession of said 20-acre tract and the buildings; that the marshal thereupon made and filed his return of the service of the writ, and stated therein that he had executed the same by placing the appellee’s agent in possession of the north 23-acre tract. The appellant alleged ownership by reason of uninterrupted possession for 10 years, and prayed that the return of the marshal be adjudged a cloud upon his title, and that it be removed. The appellee demurred to the answer. The demurrer was overruled; the court ruling that issues were framed which •should be tried by a jury. Thereupon the suit of the appellee was dismissed without prejudice. A demurrer was interposed to the cross-bill for want of equity, and was' sustained, and the cross-bill was dismissed. From that order the appeal is taken.