Clausen

The court below sustained the demurrer to the complaint in this action, and thereupon rendered judgment in favor of defendants. The plaintiff appeals, and the question for decision is, whether the ruling of the court upon the demurrer was correct.

The material facts shown by the complaint are: On March 1, 1882, plaintiff was induced by representations of the defendant Fredericka Meister, to the effect that *556 she was the owner of a certain unencumbered piece of land in Solano County, to loan her four thousand dollars upon her note secured by a mortgage upon said land, which note and mortgage are fully set out. It is further alleged that these representations were false, and made in the presence and with the approval of the other defendants; that the land was at that time, and still is, part of the estate of one Millard Meister, deceased, and was not only subject to a prior mortgage of four thousand five hundred dollars, but also to the payment of the debts of said estate and expenses of administration; and the said defendant Fredericka Meister was and is entitled upon the settlement and distribution of said estate to only one fourth thereof, and the other defendants to the…