Alpha Hardware & Supply Co. v. Ruby Mines Co.

This is an appeal by defendants Gilman, Pike, Kerr, Hamilton, Hutchinson, Millar, De Vaux, Mitchell, Breed, and Thornton from a judgment canceling and annulling a deed of trust executed by defendant Ruby Mines Company to appellants Breed and Thornton as trustees for the benefit of appellant Hutchinson and declaring that the liens of the judgments theretofore rendered against said company and in favor of respondent and its assignors are superior to the claims of appellants under said deed of trust and debarring and restraining appellants from asserting any claim whatsoever, arising from said deed of trust to the mining claims in controversy, or any part thereof adverse to the defendant Ruby Mines Company, or adverse to the judgment liens of respondent and its said assignors.

The facts of this case are very fully set forth in the opinion rendered by Presiding Justice Finch in the Matter of the Application of C. E. Gilman and L. E. Kerr, Petitioners, v. Superior Court, 86 Cal. App. 259 [ 260 Pac. 922 ]. We, therefore, deem it unnecessary to restate them here.

Appellants urge on this appeal that their demurrer to the amended complaint should have been sustained upon the grounds that…