Lorenzana v. Camarillo
California Supreme Court
Appeal from the District Court of the First Judicial District, County of Santa Barbara. The Complaint in this case was filed December 30th, 1868. It averred that on the 26th of August, 1866, the plaintiff Josefa owned, as her separate property, an interest in a tract of land known as “La Colonia o el Bio de Santa Clara,” and that the plaintiffs, on said day, deeded it to the defendant by a deed absolute on its face, but that it was intended as a mortgage to secure a loan of…
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Appeal from the District Court of the First Judicial District, County of Santa Barbara. The Complaint in this case was filed December 30th, 1868. It averred that on the 26th of August, 1866, the plaintiff Josefa owned, as her separate property, an interest in a tract of land known as “La Colonia o el Bio de Santa Clara,” and that the plaintiffs, on said day, deeded it to the defendant by a deed absolute on its face, but that it was intended as a mortgage to secure a loan of money, and that the plaintiffs had tendered the money and demanded a reconveyance, but ♦ the defendant refused the money…
1Opinion of the Court
By the Court:
1. The demurrer for misjoinder of parties defendant was not well supported, inasmuch as there was but one party defendant to the action.
2. The other objection by demurrer, that the- complaint is ambiguous, unintelligible, and uncertain, was properly overruled, as there was no specification of the particulars upon which it was based.
*1283. The defense of the Statute of Limitations must fail, inasmuch as it points to the time of filing the amended and not the original complaint as the period of time at which the statute is claimed to have barred the plaintiff.
4. There is nothing in the…
2Cited by7 opinions
- Frost v. WitterCalifornia Supreme Court · 1901
- Hall v. ArnottCalifornia Supreme Court · 1889
- Michalitschke Bros. & Co. v. WellsCalifornia Supreme Court · 1897
- Southern California Lumber Co. v. McDowellCalifornia Supreme Court · 1894
- Delger v. JacobsCalifornia Court of Appeal · 1912
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