Bergin

The appellant, Florence Blythe Hinckley, then Florence Blythe, on the 19th of January, 1892, executed to the plaintiff two instruments in writing by which she promised to pay to him the moneys therein named within one year after the determination of her right and title to the estate of Thomas H. Blythe, deceased, in the legal proceedings then pending for the determination of the same in the superior court of the city and county of San Francisco. This action was brought by the plaintiff upon these obligations April 16, 1896, the complaint alleging that there had been a final determination of said legal proceedings more than one year prior thereto, and that they had not been paid. In their answer the defendants alleged that the determination of said legal proceedings did not become final until less than a year prior to the commencement of the action, and defended upon this ground. The court found that the allegations in the complaint were true and rendered judgment in favor of the plaintiff. The defendants moved for a new trial, and, their motion having been denied, they have appealed therefrom and also from the judgment.

*168 The appeal is urged upon the ground that the evidence…