Schuyler v. Broughton

The Court.

—The action is to enjoin defendant from executing to the purchaser a deed of certain real property, alleged to belong to plaintiff, and to have been sold by defendant as property of plaintiff’s husband. The defendant’s demurrer to the complaint should have been sustained. The allegation that the deed, if executed, will be a cloud upon plaintiff’s title, is merely a legal conclusion. There is an allegation “ that the defendant levied upon said real property under and by virtue of a writ of execution, issued out of the Superior Court of the county of Santa Clara, in an action of Henry…