McClellan

This action grew out of the action-entitled Minnie McClellan and P. E. McClellan, Her Husband, Plaintiffs and Appellants, v. John T. Lewis, Defendant and Respondent, Civil No. 1713, ante, p. 64, [ 169 Pac. 436 ], in which the opinion of this court was filed October 22, 1917. That action was brought by plaintiffs therein to quiet title to a certain lot situated in the city of Stockton. It will appear from the opinion in that action that the defendant relied upon a contract of sale executed by the said F. E. McClellan to the said Lewis as trustee of the Stockton Grove No. 118, United Ancient Order of Druids; that on April 1, 1913, the defendant Lewis, on behalf of said Grove, brought an action, No. 10,741, in the superior court of the county of San Joaquin against the plaintiff herein and her said husband for the conveyance of said property, sufficiently alleging facts to justify specific performance; that both of said defendants in that action answered, but neither of them made a denial that the property in controversy was community property; that thereafter said case came on for trial on May 29, 1913, both defendants being represented by counsel and at the conclusion of the trial,…