Richman

This is an action in equity, brought to set aside a sale of certain bank stock made under a pur ported assessment, and to declare the plaintiff the owner of said stock.

On a previous appeal (Rickman v. Bank of Perris, 73 Cal. App. 321 [ 238 Pac. 754 ]), it was held that a demurrer to the complaint had been improperly sustained, that the complaint stated a cause of action, and the case was reversed with directions to permit an answer. An answer having been filed and a trial had on the issues set up, the matter is now before us on the facts alleged in both the complaint and the answer, so far as the same were proved or admitted at the trial. These facts, so far as they affect the decision of this ease, are as follows:

At all times herein involved the by-laws of the bank provided:

On May 26, 1919, the two available directors signed the following instrument in writing:

On the same day the said two directors caused the original of said instrument to be delivered at the Huntley Apartments in Los Angeles, which was the last-known place of residence of the said Mofliere, and obtained from the proprietor of said apartments the following written instrument:

On May 27, 1919, the said…