Lapique

This is an appeal on the judgment-roll alone from a judgment entered after the sustaining of a demurrer to plaintiff’s complaint without leave to amend.

We regret that there is no appearance in this court by respondents.

By the complaint it is alleged that this plaintiff is the successor in interest of one Maria Espíritu Chijulla de Leonis and her son, Juan J. Menendez; that plaintiff’s “grantors and predecessors,” on March 2, 1895, commenced an action in the superior court of Los Angeles County against one Laurent Etchepare, praying for an accounting, for the setting aside of a power of attorney, and for a conveyance of certain described property, and on December 23, 1895, caused attachment to be levied on certain real property, which levy was made and the return of the sheriff thereon filed; that said “attachment is still in full force and effect”; and that thereafter the case was tried and judgment entered, wherein it was adjudged and decreed that the deed executed by the plaintiff to the defendant in that action was executed to secure a present indebtedness and prospective advancements by the latter to the former, and hence, while in form a deed it was in fact a mortgage,…