Escheat—Pleading—-Insufficient Complaint—Premature Action— Negation of Heir.—A complaint in an action brought prematurely less than five years after the death of the deceased, upon an allegation that deceased left no kindred and that there are no heirs to take the estate, is insufficient, and a general demurrer thereto was properly sustained.

Id. — Averment of Fact Impossible in Law not Admitted. — The averment of the fact impossible in law before the expiration of five years, that there were no heirs to take the estate, was not admitted by the demurrer.

Id—Title Vesting in Heirs.—The title to the estate of a person dying intestate vests in the heirs, whether known or unknown, immediately upon his death.

Id.—Forfeiture of Right of Non-Resident Alien Heirs.—The title of non-resident alien heirs is forfeited or barred at the end of five years from the death' of the deceased, unless within that time such heirs appear and claim the property.

Id.—Rights of Resident Heirs, — Resident heirs are not barred ipso facto by any statutory forfeiture, and can only be barred by the lapse of twenty years from a judgment upon information for an escheat.

Id.—Proper Averments for Escheat.—If this information for escheat had been brought after the lapse of five years, the averments of the complaint would be sufficient to put all unknown heirs upon proof of their rights.

Id.—Proof of Averments.—The proof of the averments of the information is regulated by section 1271 of the Code of Civil Procedure, and as to unknown heirs there need be no other proof than the constructive proof that no heir or person entitled to the estate has appeared. The rights of "unknown resident heirs are preserved by the terms of section 1272 of that code, within the period fixed after judgment of escheat.