Neet v. Holmes

The plaintiffs have appealed from a judgment of dismissal following an order- sustaining demurrers to the second amended complaint without leave to amend. The action is to rescind a mining lease and to establish a constructive trust of mining claims on the ground of the alleged fraud of certain of the defendants.

The briginal complaint was filed August 28, 1940. The final amended complaint contained four causes.of action, .The following appears from the allegations thereof:

In 1896 Mary E. Greathouse was the' owner.of the 55/100ths interest in three patented mining claims, known as the Padre, *452Ma…