Morrissey

This action is brought to have declared void a certain judgment of foreclosure and deed issued upon a sale thereunder, as also a subsequent deed from plaintiffs to the defendant Gray, and for a decree that plaintiffs are the owners of the real property described in said foreclosure judgment and said deeds and that said Gray and the other defendants hold said property in trust for plaintiffs. A demurrer to the second amended complaint was sustained and plaintiffs declining to amend judgment was entered in favor of the defendants and from the judgment plaintiffs appeal.

The complaint in this action is quite voluminous but, for reasons hereafter to he stated, it will be necessary only to set forth the allegations upon the one legal proposition which we think it necessary to consider.

With respect to it the complaint alleged, that one Timothy Morrissey died intestate in July, 1887, a resident of Butte County, leaving ■ real property therein consisting of three hundred acres of land (described in the complaint) and as his heirs at law his widow and eight minor children, said widow and five of said children being plaintiffs in this action; that said land was community property; that…