Barnes

The trial court sustained a demurrer to the first amended complaint without leave to amend and entered a judgment in favor of the defendant. The plaintiffs ’ main contention on appeal appears to be that the court erred in setting aside an earlier default of the defendant. The appellants also contend that the court’s ruling on the demurrer was erroneous, particularly because it was without leave to amend.

The original complaint in the case was filed on August 16, 1961, in which it was alleged that the defendant on or about September 20, 1955: ‘ ‘. . . did illegally and with malicious intent enter and trespass on the property of the plaintiffs and did take and tow away three trucks which had been part of property previously under attachment and guarded by said Constable Witt.”

The complaint does not allege specific facts as to the ownership of the trucks, but it may reasonably be inferred from the whole record that they were owned by a third party and that *444 they had been attached in the previous action pursuant to instructions from the plaintiffs.

The defendant filed a general and special demurrer to the original complaint alleging the bar of the statute of limitations and…