Bowers v. Gray

Two questions are raised by this appeal: (1) Whether the trial court erred in granting a new trial to respondent; and (2) whether in any event appellants can raise that issue on an appeal from a voluntary dismissal by respondent of his action in lower court against appellants.

The facts briefly are as follows: Respondent commenced an action in the lower court against appellants for the purpose of quieting title to certain real property. Appellants’ answer denied that respondent was the owner of the premises or in possession thereof, and alleged that appellants “are in the actual possession of…