Original Mining & Milling Co. v. Casad

THE COURT.

This appeal is taken from a judgment entered upon an order sustaining a demurrer without leave to amend to appellant’s third amended complaint. The demurrer was sustained on the ground that the cause of action was barred by the statute of limitations.

The complaint is based upon the theory that it is an action in equity to terminate a constructive trust, and to compel respondent, as trustee, to return to appellant the sum of two thousand five hundred dollars, which, it is alleged, was fraudulently and unlawfully obtained by him. The transaction of which complaint is made took place…