Fay

This is an appeal from a judgment in favor of plaintiff and against defendant for the sum of $1518.68, and comes before us on the judgment-roll.

The facts necessary to an understanding of the points involved are as follows:

This action was brought August 27, 1902. The complaint, among other things, alleges in substance that on the twenty-ninth day of November, 1897, defendant petitioned the superior court of Santa Clara county for letters of administration on the estate of plaintiff, alleging that he had died on or about the first day of January, 1897. That thereafter defendant was in form appointed administrator of said estate, and on the third day of January, 1898, took into his possession $1,543.68 belonging to plaintiff and previously distributed to plaintiff from another estate. In May, 1898, a decree of distribution .was in form made and recorded in said estate, that is to say, the estate of plaintiff. Plaintiff learned of his rights in March, 1899, and came to San Jose, California, and defendant paid him $25, but refused to pay the balance of plaintiff’s money.

On the tenth day of April, 1899, plaintiff filed and presented his petition before said court (superior court…