Todhunter

—This is an appeal from a judgment for the plaintiffs and from an order denying the defendants’ motion for a new trial.. The suit was brought on an undertaking of the defendants, given on appeal in an action of ejectment in which the plaintiffs and one William P.' Todhunter were plaintiffs and one Armstrong defendant, which was affirmed on appeal. But at the date of the judgment,'September 21, 1896, the last-named plaintiff had been dead for over a month, and his executors were not appointed until seven days afterwards. The undertaking was to “the plaintiffs” in the ejectment suit (eo nomine), and was for double the amount of costs ($29.25), and for the value of the use and occupation of the land in question, not exceeding $750. It is alleged in the complaint, and not denied, that the value of the use and occupation of the land while occupied by the defendant was fifteen hundred dollars; and, also, it is alleged that by a decree of distribution duly made and entered by the superior court of the county of Yolo, April 19,1897 (prior to the beginning of this suit), in the matter of the estate of said deceased Todhunter, the whole' of the estate of deceased, including his interest in…