Hanley

This is an equitable action brought by the plaintiffs, as heirs of one Patrick Hanley, deceased, to vacate and set aside a certain decree of the superior court rendered in the administration of the estate of said Patrick Hanley, by which certain real property was set aside to the defendant Ellen Hanley, the widow of said deceased, as a homestead. A demurrer to the complaint was sustained by the court below, and judgment was rendered for the defendant; and from such judgment plaintiffs appealed.

*693 The complaint does not state facts sufficient to constitute a cause of action, and the demurrer was properly sustained. The main averments of the complaint are, that the premises in dispute were the separate property of said Patrick Hanley, deceased; and that said respondent, Ellen Hanley, willfully, falsely, and fraudulently represented to the court, and testified, that the said premises was community property, and also falsely represented that a certain declaration of homestead had been filed on said premises while she and her husband •were actually residing thereon. The decree of the superior court setting apart said homestead was final, unless reversed on appeal; and it cannot be…