Dieckmann

It appears from the complaint that plaintiffs and defendant, Marie E. Merkh, are the children of Johann D. Dieckmann, who died on April 12, 1910, in the city and county of San Francisco; that on February 10, 19.10, he was the owner of the premises^ in question and, on that day, executed and delivered to defendant, Marie E. Merkh, a deed conveying said property to her; that it was agreed between Johann and his daughter, Marie, at the time, that she should hold the title to said land during his life and at his death “to divide said land and premises in equal shares between herself and said plaintiffs ’ ’; that, though frequently requested to convey to plaintiffs their share of said property, defendant, Marie, refused and still refuses to convey the same; that defendant, Albert G. Merkh, is the husband of'Marie and claims some interest in the land but without right. The prayer is for judgment that defendant, Marie, be compelled to execute a conveyance to each of plaintiffs of a one-fourth interest in said land.

A demurrer to the complaint was interposed for insufficient facts; also on the ground of misjoinder of parties defendant; also that the complaint is uncertain for the reason…