Pavlovich

This action was brought for the purpose of securing a decree that the plaintiffs are the owners each of an undivided one-third of lots 1 and 2 of block 4 in the town of Johnsville, Plumas County, and that the defendant holds said property in trust for them.

Judgment passed for the plaintiffs, decreeing that the plaintiffs are each entitled to a one-third interest in the property described in the complaint, and the clerk of the court is thereby appointed to execute such conveyance in case the defendant fails or refuses to do so.

This appeal is by the defendant from the judgment so rendered and entered upon the judgment-roll alone.

The complaint states the facts relied upon for the relief prayed for as follows:

The defendant demurred to the complaint on the following grounds: 1. That said complaint does not state facts sufficient to constitute a cause of action against the defendant; 2. That “said action is barred by the provisions of sections 1971, 1972 and 1973 of the Code of Civil Procedure”; 3. That said action is barred by the provisions of section 339 of the Code of Civil Procedure. The demurrer having been overruled, the defendant filed an answer in which he denies the…