Caffroy v. Fremlin

Plaintiffs seek to have their oil rights declared with respect to certain real property conveyed by them to defendant and her now deceased husband. The action was initiated in the court below by filing a complaint for rescission, to establish a constructive trust, for an accounting and for declaratory relief.

Defendant, Stella Premlin, filed her demurrer challenging each of plaintiffs’ three alleged causes of action on several grounds as hereinafter noted. The trial court sustained the general demurrer and allowed plaintiffs 15 days within which to amend. Plaintiffs having elected not to…