Osborne v. Abels

—This is an appeal from a judgment against the plaintiffs upon their own motion for a judgment upon the pleadings, which motion was joined in by the defendant. The action was under section 3412 of the Civil Code of California for the purpose of setting aside and declaring of no effect three instruments—a trustee in bankruptcy’s deed, a declaration of ownership under said deed and a claim of a judgment lien. The question for this court to determine on appeal is whether the answer set up any valid defense.

“A motion for judgment on the pleadings is in the nature of a demurrer. It is in substance…