MUSSELL, J.
Plaintiff, purchaser of a tax deed, commenced this action against the defendant to quiet title to Lot "A" in Crown Point in the city of San Diego. The complaint is in the usual form. In the answer and amendments thereto it is alleged that by reason of a prior suit entitled "C.C. Pease v. City of San Diego," No. 105388, pending between the same parties, the instant action was barred; that in an action filed in San Diego County entitled "
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