Barkley

The appeal is from the judgment in favor of defendant following an order sustaining the demurrer to plaintiffs' sixth amended complaint and from an order refusing to allow plaintiffs to file a seventh amended complaint. This action is declared by both parties to be a "companion case" to No. 1070, ( Davis v. Hibernia Sav. L. Soc. ante, p. 444, [ 132 P. 462 ]), this day decided, and it was brought to vacate and set aside a certain deed of certain property in San Francisco from said George O. Davis to said defendant, executed *Page 457 on the thirty-first day of May, 1905, and, as incidental thereto, for an accounting of certain insurance moneys collected by said defendant in consequence of the destruction by fire of the building situated on said real estate. It appears that one Edward Duncan conveyed the property to Davis, on January 16, 1902, with instructions in a separate instrument "to sell the property and to place the proceeds of any such sale in the hands of Margaret H. Barkley for the purpose of investing the same for him (said Duncan), should he be alive, and that in the event of his, said Duncan's death, such proceeds be paid to Margaret H. Barkley." Said deed from Duncan…

The petition for a rehearing in this ease, after judgment of the district court of appeal, is denied. We make this order because of the fact that by reason of the denial this day made of a similar petition for a rehearing in case No. S. F. 5938, entitled Davis v. Hibernia Savings and Loan Society, ante, p. 444, [ 132 Pac. 462 ], the matters involved in this case have been, in effect, adjudicated and this case has now become a moot case. We express no opinion concerning the propositions of law stated in the opinion of the district court of appeal in .this case.

The appeal is from the judgment in favor of defendant following an order sustaining the demurrer to plaintiffs ’ sixth amended complaint and from ah order refusing to allow plaintiffs to file a seventh amended complaint. This action is'declared by both parties to be a “companion case” to No. 1070, (Davis v. Hibernia Sav. & L. Soc. ante, p. 444, [ 132 Pac. 462 ]), this day decided, and it was brought to vacate and set aside a certain deed of certain property in San Francisco from said George 0. Davis to said defendant, ex- *457 edited on the thirty-first day of May, 1905, and, as incidental thereto, for an accounting of certain insurance moneys collected by said defendant in consequence of the destruction by fire of the building situated on said real estate. It appears that one Edward Duncan conveyed the property to Davis, on January 16, 1902, with instructions in a separate instrument “to sell the property and to place the proceeds of any such sale in the hands of Margaret H. Barkley for the purpose of investing the same for him (said Duncan), should he be alive, and that in the event of his, said Duncan’s death, such proceeds be paid to Margaret H. Barkley.” Said deed from Duncan…