Crance

This is an appeal from a judgment rendered after sustaining a general demurrer of Albert R. Hems, Lena Hems, M. Rugg and Jane Doe Rugg to plaintiffs’ amended complaint without leave to amend, and from the order sustaining the demurrer. Such order is not appealable. (Sec. 963, Code Civ. Proc.)

It is alleged that plaintiffs are husband and wife, and are owners of land in Imperial County; that Mountain View Cemetery, a California corporation, had forfeited its charter; that at one time it had title to real property adjoining the land of plaintiffs; that defendants Albert R. Hems, Lena Hems and Prank Railings, during the three years last past before the filing of the amended complaint, were the owners of and in lawful possession and control of the cemetery property; that within the three years prior to the commencement of the action each defendant claimed the title to the property and had actual “possession, use, occupation, control and direction of said cemetery property”, and in particular the trees growing thereon; “that all during the three years last past prior to the commencement of this action the defendants herein and each and all of them have been the owners of and in actual…