Cooley

This is an action for the partition of real property. The defendants appeal from the judgment and from an order denying a new trial.

The claim of the plaintiff to an interest in the land is founded upon an instrument, designated in the record as “Exhibit B,” purporting to be a conveyance from certain legatees and devisees under the will of Charles Lux, who died on March 15, 1887. These persons are referred to in the record as the “German heirs.” They were represented in California by one of their number, Henry Lux, who was the attorney in fact for the others and as such executed for them the instrument in question. It was executed on July 14, 1890, to James H. Campbell, who was at that time the attorney for the German heirs, employed by them to represent them in the matter of the administration, settlement, and distribution of the estate of Charles Lux and to protect their interests therein in the mean time whenever it became necessary to do so. Cooley afterwards obtained the Campbell interest. The same instrument was under consideration on a former appeal in this case, the opinion being reported in 156 Cal. 510 , [ 105 Pac. 981 ]. In that decision we held that the instrument was…