Robinson

This action is brought to obtain a decree that the plaintiffs are the owners in equity of a *373 certain named undivided interest in 50,444 acres of land within the tract called Los Coyotes, and "that the defendants hold the legal title to such undivided interest in trust for them. The defendants answered, and thereafter moved for a judgment upon the pleadings, which motion was granted, and judgment thereupon entered in favor of the defendants. The plaintiffs appeal.

A motion for judgment on the pleadings, such as was made in this case, is proper when the complaint does not state a cause of action. (King v. Montgomery, 50 Cal. 115 : Kelley v. Kriess, 68 Cal. 210 .) This motion, like a demurrer for the same cause, admits for its purposes all the facts alleged in the complaint, and the question therefore to be considered on this appeal is, whether the complaint states a cause of action in favor of plaintiffs. The allegations of the complaint, so far as necessary to be stated, are, in substance, that the plaintiffs are the successors in interest of one Juan José Nieto; that upon July 27, 1833, José Figueroa, then governor of California, made a decree declaring said Nieto to be the…