Stafford v. Russell

Defendants’ demurrer to plaintiff’s tenth amended complaint was sustained without leave to amend. Plaintiff appeals from the ensuing judgment of dismissal.

The first count of the complaint is in the conventional form of an action to quiet title to the described property. It is, however, premised upon the detailed factual allegations contained in the other counts. Count one must, therefore, stand or fall with the other counts. (Ephraim v. Metropolitan Trust Co., 28 Cal.2d 824, 833 [172 P.2d 501].)

In count two it is alleged that on or about November 1, 1945, plaintiff and one Hansberger entered…