Warren

This is an appeal from a judgment entered upon an order sustaining defendant’s demurrer to the plaintiff’s second amended complaint without leave to amend.

The action was instituted by plaintiffs, claiming to he the heirs at law of one Mabel Moulton, deceased, for the purpose of recovering a judgment vacating and setting aside certain judgments and decrees previously made in the matter of said estate, and also vacating a certain judgment made and entered in an action theretofore commenced and prosecuted to final judgment by defendant herein against the administrator thereof. The amended complaint sets forth the circumstances under which, the various decrees and judgments were rendered. It appears therefrom that on the seventeenth day of May, 1909, Mabel Moulton, a resident of San Francisco, died intestate. On the first day of June, 1909, M. J. Hynes, the then public administrator of. the city and county of San Francisco, was appointed administrator of her estate. About two years thereafter and on the eighteenth day of April, 1911, the respondent herein, Marie Ella Ellis, brought a suit in equity in the superior court against the administrator for the purpose of enforcing specific…