by the statutes of limitation, particularly Sections 318, 319, 337, subd. 1, and 343 of the Code of Civil Procedure of the State of California. The defendants further alleged that plaintiff was guilty of laches, and barred thereby, in that the deed from California Lands to plaintiff, containing the reservation in question, was delivered to plaintiff on March 9, 1931; that plaintiff knew of the reservation; that she neglected to assert her alleged right until October, 1937.
As another affirmative defense, the defendants allege that on or about June 28, 1937, the plaintiff commenced an action against California Lands in the Superior Court of the State of California in the county of Santa Barbara, joining two other defendants, who were, apparently nominal parties. In that state court action Katherinethat California Lands was the owner of the property in question  the "Brass Ranch"  on February 28, 1931, and prior thereto; that on said date California Lands agreed to sell to the plaintiff said property, "except the oil, gas and mineral rights therein," and on March 9, 1931, executed its deed to said property, reserving to itself the oil, gas and mineral rights therein, which rights are owned by California Lands, Inc.; that for many months prior to February 28, 1931, neither the Bank of America nor Corporation of America had any right, title, or interest in or to the said real property or any oil, gas, or mineral rights therein; that the said Bank of America and Corporation of America had filed in the District