Koch v. Briggs
California Supreme Court
Appeal from the Sixth District. The demurrer by defendant was upon the ground, among others, that the complaint did not show facts sufficient to constitute a cause of action, in this: that the trust deed was really a mortgage, requiring judicial foreclosure and sale to pass title. The Court below gave final judgment for defendant on the demurrer. Plaintiff appeals.
1Opinion of the CourtField, C. J.
In March, 1858, the defendant executed to the plaintiff his promissory note for the sum of four thousand four hundred dollars, payable in twelve months, with a specified monthly interest, and providing, among other things, that in ease the interest was not paid as it monthly matured, or within ten days thereafter, the whole principal and interest should become due at the option of the plaintiff. Simultaneously with the note the defendant and his wife executed a conveyance of the promises in controversy to Swift, upon the trust, among other matters, that in case of default in the payment of…
2Cited by35 opinions
- Bank of Italy National Trust & Savings Ass'n v. BentleyCalifornia Supreme Court · 1933
- Savings & Loan Society v. BurnettCalifornia Supreme Court · 1895
- Garfinkle v. Superior CourtCalifornia Supreme Court · 1978
- Grant v. BurrCalifornia Supreme Court · 1880
- Federal National Mortgage Ass'n v. HowlettSupreme Court of Missouri · 1975
30 more not listed; retrieve them via the Exa API.