Woodward

This is an appeal from a judgment on the pleadings. No formal appearance is made on behalf of the respondent, but a letter is on file in this court from the attorney who represented respondent in the court below, in which it is stated that no brief would be filed, as it was felt that there was technical merit to the appeal.

Respondent, the Bank of Italy National Trust & Savings Association, a corporation, filed its amended complaint, stating two causes of action, against appellants. The first cause of action alleged a trust in the real property involved, with appellants as trustee for the use and benefit of the respondent bank. The second cause of action was in the usual form of an action to quiet title to the real property. Appellants secured an order from the court below permitting them to file a cross-complaint, bringing in several new parties as cross-defendants. They filed their answer to the amended complaint and their cross-complaint. Respondent made a motion for a judgment on the pleadings, which was granted, and judgment entered accordingly.

The first cause of action of respondent’s amended complaint alleges that on or about October 3, 1924, one Sylvester Kipp was the…