Roper v. Smith
California Court of Appeal
APPEAL from a judgment of the Superior Court of Sonoma County. Thomas C. Denny, Judge. Reversed. The facts are stated in the opinion of the court.
1Opinion of the CourtKerrigan, J.
This is an appeal hy plaintiff from a judgment entered upon an order sustaining a demurrer to the.complaint in an action to foreclose a mortgage on real property, the plaintiff being the owner by assignment of the obligation secured by said mortgage. The demurrer was sustained upon the theory that the action was barred by the statute of limitations. The institution of the suit was about four and one-half years after the maturity of the note, and was, consequently, barred unless, as the plaintiff contends, the defendants were estopped to set up the defense of the statute, or unless there was…
2Cases cited7 opinions
- Biddel v. BrizzolaraCalifornia Supreme Court · 1883
- State Loan & Trust Co. v. CochranCalifornia Supreme Court · 1900
- Wood v. . SeelyNew York Court of Appeals · 1865
- Smith v. LawrenceCalifornia Supreme Court · 1869
- Visher v. WilburCalifornia Court of Appeal · 1907
2 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Lerner v. Los Angeles City Board of EducationCalifornia Supreme Court · 1963
- People Ex Rel. Franchise Tax Board v. Superior CourtCalifornia Court of Appeal · 1985
- Rapp v. RappCalifornia Supreme Court · 1933
- Grass v. EikerDistrict of Columbia Court of Appeals · 1956
- Andrade v. AzevedoCalifornia Court of Appeal · 1936
10 more not listed; retrieve them via the Exa API.