Bagley

The action was brought to quiet title to certain real property in San Francisco and the judgment in favor of defendants was rendered upon an agreed statement of facts. It appears that, on November 9, 1869, one Charles F. Hamilton and Monroe Greenwood became the owners of the premises by virtue of a deed from the city and county of San Francisco. Hamilton died on November 14,1872, leaving a will, by which he disposed of all of his personal property and directed, in a codicil thereto, that his executors sell all of his real property in the city and county of San Francisco and invest the proceeds thereof in United States government bonds for the benefit of his widow, Mary C. Hamilton, and his only child, Mary E. Hamilton, now Mary C. Bagley, plaintiff herein. The will was admitted to probate on December 3, 1872, and the executors, acting under the authority contained in said codicil, proceeded, on March 3, 1875, to sell the real property at private sale and without any notice to the public. The executors rendered to the court a proper return and account of the sale, showing that they had sold to Monroe Greenwood, for the sum of $3,991, the various tracts of land described in the…