Hordyk v. Farley

UDALL, Vice Chief Justice.

This case came to us upon a motion for a writ of prohibition. We granted an alternative writ and ordered that briefs be submitted for our consideration.

Petitioners were defendants in a foreclosure action in Santa Cruz Count} Superior Court. Respondent, Southwestern Land Co., was plaintiff. An answer to the complaint was filed in which petitioners denied lawful execution of the note and mortgage, alleged failure of consideration, and otherwise generally denied the allegations of the complaint. Southwestern Land Co. then filed a motion for judgment on the pleadings…