Gage

This is an action of ejectment. Judgment went for the defendants, and this appeal is prosecuted from such judgment and the order denying plaintiffs’ motion for a new trial.

The facts of the case are set forth in detail in Gage v. Downey, 79 Cal. 140 , when the cause was previously •before this court, and it will not be necessary to recite them here. The decision of the court at that time settled the rights of the parties to a large portion of the lands involved in this litigation, and then remanded the cause for a new trial as to a one-fourth interest of the land included in the Portilla patent, such one fourth being the interest claimed by plaintiffs as having passed to the children of John Rains at the time of his decease, by virtue of being community property, and he dying intestate. At the subsequent trial of this cause in the lower court, that court very properly confined itself to an examination of the single question presented to it for investigation; .and the only matter which will oc *243 cupy our attention here will be as to the correctness of the determination of that question.

It is very much to be regretted that the former decission of this case by this court (Gage…