Bouton

The defendant in the trial court has appealed from an adverse judgment as to his title to a fractional interest in certain lands in Monterey County. The case is closely allied in its facts to the cases entitled Bonifacio v. Stuart, post, p. 487, [ 199 Pac. 69 ], and Espinosa v. Stuart, ante, p. 477, [ 199 Pac. 66 ], therefore we state only those facts necessary to a determination of this ease.

[1] In her amended complaint the plaintiff sets forth allegations showing that certain transfers were obtained by the defendant Stuart while acting as her attorney in certain litigation; that some of the property so transferred had been by the defendant Stuart transferred to the other defendants Prank Shurtz and David Wallace, and that the defendant Stuart had collected under said transfers certain rentals amounting to $550 claimed by the plaintiff to be her property. The defendants interposed a demurrer alleging that the plaintiff had improperly united and had not separately stated two causes of action, a cause of action to set aside a deed and a' cause of action to recover $500 ■{sic $500) moneys had and received. The demurrer also alleged that there was a misjoinder of parties defendant…