Gillespie

This action is brought by James and Edward Gilfeather and William M. Gillespie, administrator of the estate of Dennis Gilfeather, deceased, against Ellen Gouly, administratrix of the estate of Bridget O’Hara, deceased, James V. Lawrence and J. J. Rauer. The Gilfeathers are sons of Ann Gil-feather, now deceased, and Bridget O’Hara was a sister of Ann Gilfeather, deceased. The defendants Lawrence and Rauer appeared and filed a general denial to the verified complaint, and *516 such appearance' was wholly unjustified under the law. But, as-we view the case, their status in the litigation is -unimportant, and we pass them by.

Ann Gilfeather was the owner of a lot in the city of San Francisco. The defendant Lawrence recovered a judgment against her, and under execution levied upon and sold this lot. He became the purchaser at the sale, secured a deed, and thereafter sold to Bauer, who thereafter transferred by quitclaim deed his interest to Bridget O’Hara. The complaint in this action is based upon two counts, but we shall' direct our attention to the first count alone. The action is brought by these plaintiffs as heirs of Ann Gilfeather, deceased, against the administratrix of the…