Van Valkenburgh v. Oldham
California Court of Appeal
The facts are stated in the opinion of the court.
1Opinion of the CourtBurnett, J.
The appeal is from a judgment foreclosing a mortgage upon certain real estate belonging to appellant. The nature of the defense is shown by the following averment of the answer: “That neither the note nor the mortgage set forth and described in the plaintiff’s said complaint herein were executed by her willingly, freely or voluntarily, and the same are not and never were her obligations; and her signature to each of said documents, if either or both were signed by her, was obtained by fraud, menace and undue influence in the following manner and way.” Then follows a description in detail of…
2Cases cited10 opinions
- Stockton Combine Harvester & Agricultural Works v. Glen's Falls Co.California Supreme Court · 1893
- Loaiza v. Superior CourtCalifornia Supreme Court · 1890
- Morrill v. NightingaleCalifornia Supreme Court · 1892
- People v. ThomsonCalifornia Supreme Court · 1891
- Glassell v. ColemanCalifornia Supreme Court · 1892
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3Cited by15 opinions
- Young v. VailNew Mexico Supreme Court · 1924
- Dover Lumber Co. v. CaseIdaho Supreme Court · 1918
- Jones v. Citizens' State BankSupreme Court of Oklahoma · 1913
- McCarthy Co. v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1935
- Miller v. JansenCalifornia Supreme Court · 1943
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