Shepperd

In an action of ejectment for certain land in San Francisco,—Brummagin v. McCauley,— pending in the superior court of San Francisco, judgment was rendered June 9, 1882, in favor of the plaintiff, from which an appeal, with an undertaking staying execution, was taken to this court. That judgment was affirmed, and the remittitur filed in the superior court April 4,1885. Pending this appeal, the plaintiff herein, February 2, 1884, succeeded to the rights of the plaintiff in that action, and on the same day the defendant herein was appointed the administrator of the estate of Mc-Cauley, who had died intestate after the appeal was taken. The land in controversy had been rented by McCauley in his lifetime, and after his death the tenant attorned to the defendant herein as administrator, paying him as rent for the premises, in the aggregate, the sum of seventy-five dollars, which was applied by him in the administration of the estate of McCauley. Upon the affirmance of the judgment in this court, the defendant herein directed the tenant to attorn to the plaintiff herein, and thereafter to pay the rent of the premises to her. The plaintiff afterwards brought the present action, alleging…