Wilkerson v. Seib

The plaintiff, in an action to establish a trust and for money had and received, appeals from a judgment of dismissal entered after an order sustaining general and special demurrers to the plaintiff’s third amended complaint without leave to amend.

The complaint in question, the allegations of which must be regarded as fr.ue on this appeal from a judgment, after demurrers, contains two counts. The basis of the'plaintiff’s claim is stated,in the first cause of action substantially as follows: One Elizabeth J, Herbst, now deceased, owned a house and lot in Los Angeles. In January, 193Í, she…