Carly

The court below sustained the demurrer of the defendants, Carly and Tate, to the first amended complaint, and the plaintiff having declined to amend, judgment was entered in favor of said defendants.

This appeal is by plaintiff from said judgment.

The facts which occasion this action are fully set out in the complaint and in a certain agreement between the defendants which is made a part of said complaint, and are in substance as follows:

On the eighth day of December, 1905, the superior court in and for the county of Sacramento, made and caused to be entered a decree distributing certain real property situated in the city of Sacramento, and described in the complaint, to Mrs. Minnie Zoe Crawford, Mrs. Amy Zella Sherman and Harrison Tate, as the sole heirs and devisees of one J. D. Tate, deceased.

The defendant, Harrison Tate, at the time of the entry of ■said decree of distribution, was a minor, aged about seventeen years, and the defendant, J. Clarence Carly, was “the duly .appointed, qualified and acting guardian of the estate of said minor.”

On the eighth day of October, 1905, an agreement was entered into between the said Crawford and Sherman, as parties of the first…