Brown v. Canty

ELLISON, J., pro tem.

Plaintiff brought this action to quiet her title to a quarter-section of land in Fresno County.

[184]

Her complaint alleged facts showing the legal title to the land to be in her. The defendant, for answer, denied plaintiff’s title. He then alleged a certain contract entered into 'between him and certain ether parties, viz., J. E. Hughes, T. E. Braly, and W. J. Hotchkiss, the result of which was that Hotchkiss had purchased the land described in the complaint from the state of California, but had the state make its deed to one Barthold, in trust for said Hotchkiss and this defendant; that plaintiff had full knowledge of defendant’s interest in said land at the time she purchased it from Hotchkiss, to whom Barthold had deeded it. He alleged his interest in the land was an undivided four-tenths, and that notwithstanding plaintiff had knowledge of his claim and interest, she obtained a deed from said Hotchkiss and said Barthold conveying to her said quarter-section of land. Judgment went for the plaintiff and the defendant appeals from the judgment without any hill of exceptions or statement.

The complaint states a cause of action and the findings support the judgment.

The only points relied upon for a reversal are: (1) That defendant having introduced in evidence a

Us pendens

filed in an action entitled

Canty

v.

Hotchkiss

stating defendant’s right therein to this same land, (2) this was notice to Mrs. Brown and to the court that defendant claimed an interest in the land and that the plaintiff knew of Ms claim when she bought the land from Hotchkiss; and this all being true, (3) the court erred in denying defendant’s motion to compel Hotchkiss and Barthold to intervene herein in order that the judgment might 'bind all parties interested in the land, and (4) that no valid judgment could be entered without their presence. But, unfortunately for appellant, the court is unable upon tMs record to consider any of these suggested matters. Upon this appeal we may only consider such papers and orders as are declared by the code to constitute a part of the judgment-roll. None of the evidence introduced upon the trial by either party is a part of the judgment-roll. Therefore, we do not know what evidence the plaintiff introduced, we do not know that defendant introduced the