Carey

delivered the opinion of the Court:

The plaintiff alleges that he is the owner and in the possession of certain lots, pieces and parcels of land in the county of Yolo, which are described in the first paragraph of this complaint. In the next paragraph he states that the defendants claim to be the owners of an undivided interest of seven-eighths of a tract comprising about 30,000 acres, which includes the land described in the first paragraph, besides the lands of a large number of other persons who derive their titles from the same source that the plaintiff derives his. He states that he brings this action “in behalf of himself, and all other persons interested in common with plaintiff, in the subject-matter and question hereinafter mentioned, who shall in due time come into Court and seek relief by and contribute to the expense of this action.” He prays that the claims of the defendants to the lands owned by the plain *25 tiff and others in whose behalf he sues to be determined and adjudged to be invalid.

The complaint was demurred to on several grounds, which, with one exception, are based upon the attempt of the plaintiff to sue on behalf of persons not named in the…