Stewart

The transcript concerns two actions, commenced in the superior court of the city and county of San Francisco, namely, one numbered 39,900, Charles A. Stewart and Margaret Stewart v. Stewart Hotel Company et al.; and one numbered 39,901, Stewart Estate Company v. Stewart Hotel Company et al. The actions were consolidated and tried together under stipulation that the evidence taken should apply interchangeably to each of said actions. Both are in form the ordinary actions to quiet title—the action 39,900 to the title to a certain leasehold interest in the real estate referred to in and the subject of the action 39,901, and also certain furniture and equipment constituting what is spoken of as the hotel plant, of the Hotel Stewart, situated on Geary Street, between Mason and Powell Streets, in said city. The controversy is between plaintiffs in both actions and the defendants, the Stewart Hotel Company and certain of its stockholders.

The Stewart Hotel Company was incorporated in June. 1906, for the purpose of conducting a hotel soon after the great] fire and earthquake of April, 1906. The corporation acquired certain leasehold interests in some improved lots situated at the comer…