Dougherty

This is an action to quiet title to a certain tract of land described in the complaint by metes and bounds, and generally called the Hayes ranch. Judgment went for plaintiffs, and defendants appeal from the judgment, and from an order denying *569 a new trial. The action was commenced by Edward Hayes, who died during its pendency; and it was prosecuted to judgment by his administrators.

Both parties claim through John Hayes, who died intestate, and siezed of the land in contest, on May 20, 1857. His next of kin and only heirs were two brothers, Edward (who commenced this action) and Robert Hayes, and Edward acquired the title and interest of Robert in the estate. At the time of the death of John, the two surviving brothers, Edward and Robert, lived in New Brunswick. A few days after the death of said John Hayes, one Gitchell was appointed special administrator of his estate, and sold the personal property for $696.41. Afterwards, he applied for letters of general administration; and on August 3, 1857, the probate court made an order that such letters issue to him upon his giving a bond in a certain named sum. There is no evidence that he ever gave any bond, or that said general…