Gray
Gray v. Bracey
Opinion
lead Opinion
Edmonds, J.
By their appeal from a judgment which followed an order sustaining, without leave to amend, the *427 demurrer to their complaint, John Gray and his wife present for decision the question of the sufficiency of their pleading to state a cause of action.
The complaint consists of a lengthy recital of alleged acts of the defendants and certain public officials which are said to have been done as a result of conspiracies between these persons wrongfully to take the plaintiffs’ property by means of legal proceedings. More specifically, the appellants charge that all of the judgments which have been obtained against them in the protracted litigation which had its genesis in a foreclosure action, were rendered in violation of law. Because of these conspiracies, it is alleged, the Grays have lost the real property which was the subject of the foreclosure action and certain movable cabins and tent platforms which were then on the land.
The Grays declare in their pleading “that the cause of action hereinafter stated is grounded solely on the violation by the State of California” of certain federal rights which are enumerated as those “guaranteed to them by the Fourth, Fifth and Fourteenth…