Richey

The plaintiff sued to recover the possession of certain property held by the defendant school district. The complaint alleged the appointment of the plaintiff as administrator of the estate of Charles M. James, deceased; the right of plaintiff to the possession of the property; the unlawful holding of possession by the defendant, and the corporate existence of the defendant as the successor in interest to the Brown’s Valley School District. A demurrer was interposed, both general and special. The special demurrer assigned ambiguity in the manner of pleading the existence of the defendant corporation, the argument being that the complaint should have named the officers or trustees of the district, its boundaries and the laws under which it was incorporated. The complaint alleges that “since July, 1919, Corralitos Union School District of Santa Cruz County has been and now is a union school district of the county of Santa Cruz, in the State of California.” We do not find any ambiguity in these allegations. As to the general. demurrer, the complaint alleges plaintiff’s right to possession of the property, which is definitely described, and the unlawful withholding of the possession…