Roberts v. Fitzallen
California Supreme Court
APPEAL from a judgment of the Superior Court of San Diego County. George Puterbaugh, Judge. The facts are stated in the opinion.
1Opinion of the Court
CHIPMAN, C.
Action to foreclose a mortgage. Defendants demurred to the complaint on the ground that the action was .barred by the statute of limitations. (Code Civ. Proc., secs. 336, *483339, 343.) The demurrers were overruled, and defendants failing to answer, their default was duly entered and judgment passed for plaintiff, from which defendant Wells appeals on the judgment-roll alone.
It appears from the complaint that defendant Fitzallen executed his note and mortgage to one L. F. Davis, August 23, 1889; the note was made payable three years from date, “together with .a counsel fee of fifty…
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