De Cambra v. Rogers

On April 28, 1897, Hannah Rogers and Frank J. Rogers, holders of the legal title to a tract of land in Alameda county, com1v30menced in the superior court of that county an action in ejectment against Manuel S. De Cambra and others. The defendants answered with a general denial, and, as authorized by the practice in California, De Cambra filed a cross-complaint in equity, alleging that the plaintiffs had obtained the legal title wrongfully and held it in trust for him, and prayed a decree quieting his title to the land. A demurrer to this cross-complaint was sustained, and upon a trial of the action a judgment was rendered in favor of the plaintiffs, which judgment was affirmed by the supreme court of California (132 Cal. 502, 60 Pac. 863, 64 Pac. 894), and thereupon this writ of error was sued out.

Mr. J. C. Bates for plaintiff in error.

Mr. Franklin H. Mackey for defendants in error.

Mr. Justice Brewer delivered the opinion of the court: