Elliott v. Goss

The defendants set up three causes for demurrer: (1) that the complaint shows on its face that the alleged cause of action to correct and reform the deed for fraud on the part of Sam McCall is barred by the applicable statute of limitations; (2) that the complaint does not 'allege that plaintiffs have been in possession of the land within the twenty years immediately preceding the institution of the action; and (3) that the complaint does not state facts sufficient 'to constitute a cause of action.

The bar .of a statute of limitations must -be raised by answer 'and is not a proper subject of…