Robertson

Appeal from a judgment entered after demurrer sustained. Plaintiffs are the surviving heirs of their father, Eldridge G. Robertson, who died in the year 1864, and of their mother who died in the year 1871. No administration was ever had upon the estate of either. They allege that in the year 1862 their father formed a partnership with one Cuthbert Burrell, each partner contributing thereto property of the value of five thousand dollars. The agreement was that as partners the two should engage and co-operate in the business of raising, buying, and selling stock, transacting a general farming business, and dealing in real estate and other property in the state of California, as full and equal partners. The business of the partnership was carried on for about two years, when their father died. At the time of his death the assets of the partnership had swelled in value to the sum of one hundred thousand dollars. Cuthbert Burrell continued in *573 control and management of this property until his death in 1893, at which date the assets amounted to one million dollars. All of the property possessed by Cuthbert Burrell at the time of his death was property of the partnership.

Soon after…