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CIVIL CODE_Continued.

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164 171 246 361a 629 821 847 852 857 1111 1338 1479 1500 1501 1559 1573 1574 1624 1625 1657 1670 1671 1698 1941 1942 1970 2216 2224 2395 2404

349 .291, 293, 294, 295, 297

461 714 143 321 660 660 660 321 116 535

145 . 481, 561

417 246

246 .434, 440, 441, 688

.278, 279

794 621, 748

621

280 313, 314, 315 .313, 315

230 660

660 434, 438, 715

715

2468 2550 2551 2588 2778 2793 2794 2837 2935 3051 3095 3104 3116 3171 3177 3244 3254 3300 3302 3313 3314 3336 3369 3432 3439 3410 3442 3536 3541 3542

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246 ...612, 613, 664, 666, 667

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ALABAMA.
Monstitution of 1875, Art. XIV, sec. 6. Corporate Stock and
Bonds..

706

COLORADO. Constitution, Art. XV, sec. 9. Corporate Stock and Bonds...... 706

MONTANA.
Code of Civil Procedure (1887), sec. 494. Costs..

132

OKLAHOMA. Comp. Laws 1909, sec. 6088. Costs..

131

UNITED STATES. Revised Statutes, sec. 2320. Mining Claims... Revised Statutes, sec. 2324. Mining Claims.

726 .728, 731

UNITED STATES—Continued. Revised Statutes, sec. 2477. Public Highways. 18 Stats. at Large, 470. Jurisdiction..... 24 Stats. at Large, 379. Interstate Commerce. 24 Stats. at Large, 382. Interstate Commerce. 24 Stats. at Large, 552. Jurisdiction... 25 Stats, at Large, 433. Jurisdiction... 30 Stats. at Large, 566. Bankruptcy. 34 Stats. at Large, 584. Interstate Commerce... 34 Stats. at Large, 607. Employers' Liability. 35 Stats. at Large, 65. Employers' Liability. 35 Stats, at Large, 476. Employers' Liability.

30 .353, 357

354 351 357 357

663 .354, 355

358 358 358

WISCONSIN. Revised Statutes of 1878, sec. 4980. Statutory Construction..... 632

REPORTS OF CASES

DETERMINED IN

THE DISTRICT COURTS OF APPEAL

OF THE

STATE OF CALIFORNIA.

(Civ. No. 1029. First Appellate District.-September 26, 1912.] BRADLEY BROS., INC., Appellant, v. GILES BRADLEY,

Respondent. ACTION TO ENFORCE TRUSTS FOR CONVEYANCE AND POSSESSION OF LAND

STATUTE OF LIMITATIONS.-An action to establish involuntary and resulting trusts in certain parcels of land, and to enforce a convey. ance of the legal title and to recover the possession thereof from the defendant, is in its final purpose and determination an action to recover the title and possession of real property, and is subject wholly to the statute of limitations of five years provided in section 313 of the Code of Civil Procedure, and not to the four years' statute of limitations provided in section 343 of the code, which could only

apply if the action in its entirety were solely to enforce the trusts. ID.-FINDING THAT ACTION WAS BARRED BY LIMITATION OF FOUR

YEARS—RULE OF CONCLUSIVENESS INAPPLICABLE-FINDING OUTSIDE ISSUES.—A finding by the court that the action was barred by the four years' limitation of section 343 of the Code of Civil Procedure, cannot be held conclusive under the general rule that, in the absence of a bill of exceptions or statement of the case, the findings of fact which are made by the lower court are conclusive upon appeal. Such rule cannot apply here, where there is no plausible theory of the case, or possible turn of the evidence that could take the case out of the category of an action to recover real property, and where also the finding made is obviously foreign to the issues raised by the pleadings.

APPEAL from a judgment of the Superior Court of Santa Clara County. P. F. Gosbey, Judge. 20 Cal. App.-1

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