McNutt

This is an appeal from' a judgment entered upon sustaining demurrers to an amended complaint and to a cross-complaint, in an action wherein plaintiffs and cross-complainant McNutt seek the same judgment.

On May 17, 1901, the Lake View Town Company, a corporation, hereinafter designated the “town company,” was. the owner of the lands involved in this proceeding, being lots in Riverside County aggregating one thousand acres Scattered throughout the extent of a larger body of arable lands, comprising some six thousand acres. ■ The land of the town company was subject to a mortgage held by the San Gabriel Valley Bank, hereinafter designated as the “bank,” securing the payment of five thousand dollars, with interest. The town company was also indebted to John "Wolfskill and to L. P. Hansen, and to the law firm of Smith, McNutt & Hannon(composed of the plaintiffs and cross-complainant). To provide for the payment of such indebtedness, it conveyed the-land on May 17; 1901, to McNutt, by deed of grant, bargain, and sale, subject to the mortgage held by the bank, and also-one thousand shares of water stock supposed to be appurtenant to the land. McNutt accepted the conveyance with the…