Trumpler

The case is now before us upon a submitted motion of J. H. Glide for an order recalling the remittitur hereinbefore issued, vacating the judgment of this court reversing the order of the superior court denying a new trial, and dismissing the appeal.

The facts upon which the motion is based, appearing upon the face of the moving papers, are substantially these: The parties named as plaintiffs and defendants were the heirs and successors in interest of one Louis Trumpler, deceased, who died August 15, 1882, leaving several large tracts of land in Yolo county. The action was for the partition among the parties to the suit of said land. The interest of each party was set forth in the complaint, which concluded with the prayer that the lands be partitioned among the parties according to their interest as alleged therein. The defendants filed an answer in which they “admit all and singular the allegations in the said complaint contained,” and “also join in the prayer of said complaint” and suggest certain names as suitable persons to make division of said lands. Such proceedings were afterward had that an interlocutory decree was entered in accordance with the prayers of the parties,…