Ohm

This is an action in equity for a decree declaring the appellant to be the owner of certain premises situate in the city and county of San Francisco, commonly called, in early times, the “Sherrebeck Claim,” and adjudging that the defendants hold the legal title in trust for plaintiff; and also for rents and profits up to the time of the filing of the complaint, in the sum of $1,500,000, and at the rate of $250,000 per month from that date (August 1, 1885) to the date of judgment. Defendants demurred to the complaint on several grounds, and, among others, that it failed to state facts sufficient to constitute a cause of action; that plaintiff’s claim was stale; also that it was barred by the provisions of sections 318, 319, 322 and 343 of the Code of Civil Procedure. The demurrer was sustained, and defendants had judgment, from which plaintiff appeals.

In his complaint, plaintiff claims as successor in interest of Peter T. Sherrebeck, the alleged grantee of a Mexican grant of a tract of land eight hundred varas square, within the pueblo of San Francisco. He does not content himself *316 with alleging the ultimate fact of grant and title, but sets out with great particularity all…