Thomson

This is an appeal from a judgment of dismissal following an order sustaining, without leave to amend, the demurrers of defendants Mortgage Investment Company and B. & H. Circuit, Inc., to plaintiffs’ amended complaint. "

Plaintiffs, stockholders in the defendant B. & H. Circuit, Inc.,' brought suit on behalf of said corporation and its stockholders, including themselves, seeking generally to establish the corporation’s title to certain properties and to have certain encumbrances thereon declared invalid on account of alleged usurious loans. The amended complaint alleges that B. & H. Circuit, Inc., is the owner of and entitled to the possession of certain real property situate in the city of Los Angeles, and is also, the holder of a leasehold interest in and entitled to the possession of certain other real property situate in said city; that upon the property alleged to be owned by said defendant B. & H. Circuit, Inc., there has been erected and maintained a certain building for theater purposes known as the Forum. Theater; that prior to December 17, 1924, in building and equipping said theater defendant B. & H. Circuit, Inc., had incurred and was owing debts in excess of…