Phelan

This is an action of ejectment to recover a parcel of land situate in the county of Los Angeles. Plaintiffs had judgment, from which and from an order denying a motion for a new trial defendant appeals.

The parcel of land in question is part of a larger tract of which John O’Connor died seised July 21,1882. The entire tract was community property of John O’Connor and Maggie O’Connor (now Maggie Phelan), his .wife.

John O’Connor died intestate and left him surviving the said Maggie, his widow, and their two minor children, Louis Francis, who died intestate, a minor without issue, February 22, 1889, and the plaintiff, Mary O’Connor, who is still a minor.

Maggie O’Connor was on the thirteenth day of October, 1882, appointed guardian of the person and estate of her infant daughter, Mary O’Connor, and on the 8th of November, 1882, she was duly appointed administratrix of the estate of her deceased husband, and qualified as such administratrix.

On the 14th of April, 1883, Maggie O’Connor entered into an agreement with the defendant, Edward Smith, and his brother, W. D. Smith, whereby she agreed to convey to them a tract of land consisting of nine and three-quarter acres, which…