Linnasthruth v. Graves.
1. Practice in Supreme Court: appeal in equity: defective abstract. Judgment affirmed.
Appeal froon Humboldt District Cowl.
Friday, October 24.
Action in equity to quiet title to certain land in Humboldt county. There was a decree for the plaintiff, and the defendant appeals.
A. S. Hammond, for appellant.
W. W. Quivey, for appellee.
Adams, J.
This is an action in equity, and comes here for trial on its merits, and must he tried de novo, if at all. But the abstract does not purport to be an abstract of all the evidence, and we cannot assume tliat it is. Hnder this state of things, we must presume that the decreets right.
Afrirmed.