Merryman

The action is in ejectment and the appeal is upon the judgment-roll alone from the judgment in favor of plaintiffs.

No demurrer to the complaint was interposed but the appellants now contend that the complaint states no cause of action. In this connection it is asserted that there is no allegation as to ownership of the property at the time of the commencement of the action. Citation is made of authorities to the effect that “plaintiffs must show that at the time of the commencement of the action they have the proper title or interest to support the action of ejectment” (Moore v. Tice, 22 Cal. 513 ),.and “he must also have the right to the possession of the land disputed. ’ ’ (Hawxhurst v. Lander, 28 Cal. 331 .)

But there are at least two sufficient answers to the contention of appellants. The first one is that the complaint does allege that plaintiffs are the owners of said property, and, secondly, if this were not so, the averments of the answer would cure- the defect. The allegation is, “That the plaintiffs now are and during all the times herein mentioned were either the owners of or their immediate grantors were the owners of the land and premises hereinafter described,”…