Dreyfuss v. Giles
California Supreme Court
Appeal from a judgment of the Superior Court of Nevada County, and from an order refusing a new trial. The facts are stated in the opinion of the court.
1Opinion of the CourtWorks, J.
This is an action to foreclose a mortgage. The complaint alleges the death of the mortgagor, the settlement of the estate, the distribution of the mortgaged property to his daughter, an only heir, and the sale of the mortgaged property by her to the defendants in this action. It is also averred in the complaint that the mortgage was not due at the time the estate was closed, and final distribution made, and was not presented as a claim against the estate. The complaint expressly waives all claims against any other property of the estate except the lands described in the mortgage. In their…
2Cases cited1 opinion
- Security Savings Bank v. ConnellCalifornia Supreme Court · 1884
3Cited by5 opinions
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- Martin v. SaxtonUtah Supreme Court · 1916
- Anglo-Nevada Assurance Corp. v. NadeauCalifornia Supreme Court · 1891
- Fawcett v. McGahan-mckee Lumber Co.Supreme Court of Oklahoma · 1913