Cohn

Plaintiff Irene Cohn moved the court below to enter its order that a judgment providing for payment by her to defendant of $2,109.90 had been satisfied. From the order granting her motion, defendant, surviving executor of the will of Charles Cohn, prosecutes this appeal.

This case has twice before been considered on appeal. In Cohn v. Cohn, 100 Cal. App. 746 [ 281 Pac. 504 ], the appellate court affirmed a decree which adjudged a deed absolute executed by plaintiff Irene Cohn to Charles Cohn, her brother-in-law, to be a mortgage, and directed that an accounting be had before a referee of the rents collected from the property by Charles Cohn and by his personal representatives after his death. In Cohn v. Cohn, 1 Cal. (2d) 13 [ 34 Pac. (2d) 1000 ], we affirmed, as modified, the judgment entered in said action following the accounting had before the referee. The judgment as modified provided that plaintiff Irene Cohn, within ninety days after the judgment became final, should pay the sum of $2,109.90 to the executors of the last will of Charles Cohn, and upon such payment the executors should reconvey to her. In ease plaintiff failed to pay, defendants were authorized to apply to…