Field

This is an appeal from the judgment upon the judgment-roll.

The demurrer to the complaint should have been sustained. The complaint presents something of a double aspect. The action is brought by the administrator of a deceased person to set aside a conveyance of certain real property made by the decedent in his lifetime. There are allegations which lend to the complaint the complexion of an action to enforce a trust in lands and compel a reconveyance of the legal title, while there are other features of the complaint tending to give it the character of an action under section 1589 of the Code of Civil Procedure, to set aside a conveyance made by the intestate in fraud of his creditors. Treating it as an action of the former character, the plaintiff, administrator, had no capacity to sue, and the demurrer on that ground should have been sustained: (Janes v. Throckmorton, 57 Cal. 387 .) In that case it was held that while the administrator is entitled to the possession of the property of the estate, real and personal, during the administration, and can maintain an action for the re *109 covery of the possession of all such property, he has no general power as such to maintain an…