Nidever

— The complaint in this case, in one aspect, might be called a complaint in an action to quiet title. Upon that theory, the evidence showing that the legal title was in the defendant, no right of recovery would accrue to the plaintiff. ( Von Drachenfels v. Doolittle, 77 Cal. 205 .) But possibly it might be construed as a complaint for a conveyance of the legal title, and inasmuch as we have reached the conclusion that the judgment in favor of the defendant should be affirmed, we have examined the merits of the case.

*40 The complaint alleges that one George Nidever, the father of the plaintiff, was, at the date of his death, the owner of and seised of an equitable estate in certain lands; that the legal title thereof was vested in John Nidever at the time of the bringing of this action, also deceased, and that the last-mentioned person held such lands as the trustee of his son George, above mentioned, the father of the plaintiff, George D. Nidever.

The record shows that, upon the death of George Nidever, who died intestate, his father, John Nidever, became the administrator of his estate, being duly appointed as such by the probate court of the proper county. While acting in…