Lapique

An appeal on the judgment-roll from a judgment entered after the sustaining of a demurrer to plaintiff’s complaint without leave to amend.

The action appears to be one wherein plaintiff seeks the ejectment of defendants from certain premises, with damages. The complaint shows that on June 3, 1901, judgment was entered in the superior court of Los Angeles County decreeing that a certain purported deed executed by one Miguel de Leonis to one Laurent Etchepare was in fact a mortgage given to secure a then existing debt; that the former, on payment to the latter of the sum of $2,444.09, with interest, was entitled to a reconveyance of the property described in said instrument; and,- should said Etchepare refuse to accept such payment and reconvey the property as adjudged, that the clerk of court execute such conveyance accordingly. This judgment, according to the complaint, “has not been reversed, vacated, or set aside, and is now in full force and effect.” It next is alleged that, during the pendency of that action—prosecuted by the widow of de Leonis—Etchepare died, being succeeded therein by the defendant here, Walsh, as administrator of Etchepare’s estate; that Walsh, as such…