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STEWART v. THELAN

Docket No. 20036.

204 Cal.App.2d 562 (1962)

22 Cal. Rptr. 448

JOHN C. STEWART et al., Plaintiffs and Appellants, v. ORA MUIR THELAN, Defendant and Respondent.

Court of Appeals of California, First District, Division Three.

June 12, 1962.

Attorney(s) appearing for the Case

Manwell & Manwell and Erling S. Norby for Plaintiffs and Appellants.

Thelen, Marrin, Johnson & Bridges and Paul R. Haerle for Defendant and Respondent.

DRAPER, P.J.

[1] The sole question here presented is whether the bar of the statute of limitations appears upon the face of the complaint. After sustaining of demurrer to their amended complaint, plaintiffs elected not to avail themselves of leave to amend further. They appeal from the ensuing judgment of dismissal.

Plaintiffs treat the complaint as one to establish that a deed absolute in form is in fact a mortgage, and to compel reconveyance...

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