Wright v. Shafter
California Supreme Court
Appeal from the District Court, .Third Judicial District, City and County of San Francisco. The complaint alleged that, on the 27th of November, 1858, Francisco Hurtado and Maria Dolores Hurtado were husband and wife, and that they borrowed from John D. Shafter four thousand dollars, and, to secure the payment of the same, gave him a mortgage on a tract of land in Marin County, .which was the separate property of said Maria, and that, on the 20th of August, 1869, they…
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Appeal from the District Court, .Third Judicial District, City and County of San Francisco. The complaint alleged that, on the 27th of November, 1858, Francisco Hurtado and Maria Dolores Hurtado were husband and wife, and that they borrowed from John D. Shafter four thousand dollars, and, to secure the payment of the same, gave him a mortgage on a tract of land in Marin County, .which was the separate property of said Maria, and that, on the 20th of August, 1869, they borrowed from him one thousand dollars, and gave a second mortgage to secure the same. That the defendant became the assignee…
1Opinion of the Court
By the Court:
The plaintiffs claimed, and in the Court below obtained relief on the ground that a mistake occurred upon their part, in attempting to effect a redemption from the Sheriff’s sale on foreclosure of a mortgage. It is well settled that a complaint claiming relief on the ground of mistake must not only distinctly aver the fact of the mistake, but also set *277forth the circumstances under which it occurred in so far as those circumstances may be necessary to present a case within the rule of equity upon which relief is granted. Tested by this rule, the complaint here is radically…
2Cited by5 opinions
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- McClure v. CeratiCalifornia Court of Appeal · 1948
- Weaver v. RatcliffeCalifornia Court of Appeal · 1931
- Glasmann v. O'DonnellUtah Supreme Court · 1890