Toler

This is an appeal from a judgment entered upon a demurrer to plaintiff’s second amended complaint without leave to amend.

1. This action was brought for the purpose of canceling a certificate of title issued under the Land Title Act on lands of defendant on the twenty-third day of May, 1917, and the action which was first filed to call in question the validity of this certificate on the part of plaintiff was on the seventeenth day of July, 1930.

Either the three-year statute of limitation or that provision of the Land Title Act which makes the certificates of registration final, unless attacked within one year after the registration of the land, would prevent the bringing or maintaining of this action, unless it is shown in the complaint that there is a legal justification for the delay of thirteen years which is the outstanding feature of this complaint. The complaint does undertake to show that the service on plaintiff in the land registration proceedings of a copy of the notice issued in such proceedings was made by a son of defendants, who undertook to assure plaintiff that the proceedings would not affect the title to her land. The complaint also alleges that after the…