Sanguinetti

Action to recover possession of a small parcel of land in San Joaquin county, described as being in sections 4 and 5, in township 1 north, range 8 east, M. D. M. The averments of ownership and right of possession in the complaint are denied in the answer, which also «contains affirmative allegations of ownership in Alta Dur ham and Mrs. Louise Place, who were made parties defendant by order of the court. The general averment of title in these defendants, under whom the other defendants claim the right to remain in possession of the premises, is followed by voluminous allegations detailing the facts and circumstances upon which such claim of title rests. A summary of the recitals will suffice to indicate and explain the legal propositions presented for decision. John J. Durham died intestate in 1882, and in due course of administration three-ninths of his estate was distributed to his widow, the defendant Hannette J. Bossen, two-ninths each to his daughters, the defendants Alta Durham and Mrs. Place, and the remaining two-ninths to a son who is not a party to this action. It is specifically and repeatedly alleged that a tract of land so distributed included the lot here in dispute,…