Thiriot

In this action plaintiff seeks to set aside a judgment in eminent domain whereby the defendant school district acquired some 21 acres of land from her. Her theory is that the judgment was obtained by extrinsic fraud allegedly practiced upon her. She offers to refund the $71,400 which the district paid her for the land, less $8,800 allegedly required for her attorney’s fees in the condemnation suit. In a second count she additionally pleads that the district, its trustees, its clerk and its superintendent conspired with certain fictitiously named defendants to enable the latter to acquire the land for commercial purposes. In a third count, she seeks a determination that the district holds the land as trustee for her because of the alleged misuse of the processes of the court in the condemnation suit.

General demurrers to each count of the first amended complaint were sustained without leave to amend. That was a correct ruling because each count pleads intrinsic, not extrinsic, fraud.

The gist of the complaint is that in the condemnation suit the school district alleged the land was necessary for use in connection with school purposes; that the district and its officers knew the…