Wilson

The action is in equity to reform instruments alleged to have been procured by defendants through fraud and mistake. The complaint was demurred to generally, and upon the ground that the action is barred by the provisions of section 338, subdivision 4, and by section 343 of the Code of Civil Procedure. The demurrer was sustained and, plaintiffs having failed to amend, their default was entered and judgment rendered for defendants. From this judgment the appeal is taken.

The complaint alleges in substance: That plaintiff Rosanna Cooper Wilson, born December 7, 1859, and plaintiff Delfina E. Cooper, born February 7, 1862 (the latter being now represented by Rosanna C. Wilson as executrix), are children of J. B. H. Cooper, being the issue of his marriage with Iduveguez Soto Cooper, his first wife, now deceased. That J. B. H. Cooper married defendant Martha M. Cooper March 12, 1871, and that the issue of this marriage was J. B. R. Cooper, Abelardo E. Cooper, Alfred H. G. Cooper and Alice F. Dillon (née Cooper). That J. B. H. Cooper died June 21, 1899, leaving as his heirs at law his widow, Martha M. Cooper, and the six children. That upon the marriage of their father to Martha M.…