People v. Jackson

Citations

• 24 Cal. 630

Syllabus

<p>Complaint—Cancellation of Patent.—A complaint in an action in the name of The People on the relation of a private individual, to cancel a patent for a tract of land issued by the State to the defendant, which merely avers that the relator is seized and possessed of the land, and that his title was derived from the State of California under and by virtue of the location of a school warrant made under and in accordance with the provisions of an Act of the Legislature, that said location was duly and properly made, and in all respects according to the provisions of said Act, does not state facts sufficient to constitute a cause of action.</p> <p>Pleading—Conditions Precedent.—In pleading title to land, under an Act of the Legislature which prescribes conditions upon the performance of which the title may be secured, it is necessary to aver a performance of all the acts required by the statute.</p> <p>Same.—A general averment of the performance of conditions precedent is suffi- ■ cient in cases of contract, hut, in all other cases, the facts showing a performance must be specially pleaded.</p> <p>Affirmance of Judgment—Effect of.—Where a demurrer to a complaint is sustained in the Court below, and plaintiff declines to amend, and • appeals from the judgment and the order sustaining the demurrer, the Supreme Court, if it affirm the judgment, cannot grant plaintiff leave to amend his complaint.</p>