Galvin

Appeal from the order granting a new trial. Plaintiffs, who- at the date of the commencement of this action were minors, averred their ownership and possession of a piece of land situated at the corner of Beach and Hyde streets, in the city and county of San Francisco. They further averred that defendant asserted title to the land; that this title was based upon a deed obtained by defendant’s grantor from the city and county of San Francisco by fraud. After the United States had granted the land to the city and county of San Francisco, upon trust to convey to those in bona fide possession at the date of the passage of said act (July 1, 1870), defendant’s grantor falsely and fraudulently represented himself to hold such possession of said land, and thereby procured a deed to the same from the city. At the date of the passage of the act, defendant’s grantor was not, but plaintiffs’ grantors were, in such actual possession, all of which was well known to the defendant at the time he took his deed. The prayer was for a decree declaring defendant to hold his title in trust for plaintiffs and compelling him to convey the same to them.

For answer the defendant made denial, pleaded the…