Groome

Action for the recovery of certain personal property consisting of wheat and hay, of the alleged value of fourteen hundred and ninety-six dollars, or for the value thereof, in case delivery cannot be had, and for two hundred dollars damages for detention thereof.

Judgment for defendant, from which, and from an order denying their motion for a new trial, plaintiffs have appealed.

The plaintiff, Julia Groome, is the, widow of Thomas B. Groome, who died intestate May 30, 1890, seised of one hundred and sixty acres of land situate in the county of San Luis Obispo, on which he resided at the time of his death. Nellie E. Groome is the daughter of Thomas B. and Julia Groome, and was sixteen years of age when her father died; and the plaintiffs are the only heirs of Thomas B. Groome.

Thomas B. Groome obtained a patent for said land in December, 1890, under the circumstances stated in the case entitled “In re Groome," 94 Cal. 69 , wherein it was decided that by virtue of the patent he acquired and held the absolute title to the land free from any trust in favor of the defendant herein (Almstead) and one Min- *427 tern, who claimed to be the equitable owners of an undivided…