Welsh

Welsh v. Koch

Good Law
1906 Cal. App. LEXIS 107·4 Cal. App. 571·88 P. 604
Court of Appeal of CaliforniaDecember 11, 1906Civ. No. 307.California540 words

Opinion

Lead Opinion

Cooper, J.

The complaint in this case attempts to allege a cause of action against a great number of defendants. It contains allegations as to several separate causes of action, and covers transactions of many years’ standing. It is a lengthy document, covering one hundred and sixty-two folios of transcript, and concludes with a prayer, asking: 1. That plaintiffs'are the owners in fee simple of the real estate described in the complaint and that defendants have no right or title thereto; 2. That the several judgments set forth in the complaint be declared void, and that each of defendants be barred and enjoined forever from asserting any claim under them; 3. That the plaintiffs’ respective rights and interests in and to the real estate be ascertained and declared, and that they recover possession of the same; 4. That defendants and each of them be declared trustees of the real estate and compelled to convey it to plaintiffs; 5. That each defendant be required to set forth the portion of land held by him, and render an account of the rents, issues and profits thereof; 6. For costs of suit; 7. For such further relief as may seem meet and proper.

It thus attempts .to state a cause of action in…

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