Garrity

This is an appeal from a judgment of dismissal after order made sustaining, without leave to amend, a demurrer to the second amended complaint. The plaintiffs are the sons and sole heirs of Elisa Jacob, deceased. By their complaint they sought the entry of a decree impressing a trust upon certain described real property, situate in Trinity County, title to which appeared in the names of Henry and John Jacob at the time of their respective deaths. The. respondent Miller, as administrator of the estate of each of said persons, interposed a demurrer, specifying, among other grounds, that the complaint fails to state a cause of action, and that by reason of plaintiffs’ laches equitable relief may not be granted. That this defense may be raised by demurrer, where laches is apparent upon the face of the complaint, is now well settled in this state. (Kleinclaus v. Dutard, 147 Cal. 245, 250 [ 81 Pac. 516 ]; Wadleigh v. Phelps, 149 Cal. 627, 633 [ 87 Pac. 93 ]; Marsh v. Lott, 156 Cal. 643, 646 [ 105 Pac. 968 ]; Ewald v. Kierulff, 175 Cal. 363, 365 [ 165 Pac. 942 ]; Hopkins v. Lewis, 18 Cal. App. 107, 113 [ 122 Pac. 433 ].)

The action was commenced on January 20, 1920, and the second…