Saunders v. Clark
California Supreme Court
Plaintiffs, who claimed as assignees of the contract, brought an action against defendant, who, by mesne conveyances, had acquired Baker’s interest in the lot, to enforce the contract as a mortgage on the premises. Defendant 'demurred to the complaint; the demurrer was sustained, and plaintiffs declining to amend, judgment by default was rendered for, defendant, and plaintiffs appealed.
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Plaintiffs, who claimed as assignees of the contract, brought an action against defendant, who, by mesne conveyances, had acquired Baker’s interest in the lot, to enforce the contract as a mortgage on the premises. Defendant 'demurred to the complaint; the demurrer was sustained, and plaintiffs declining to amend, judgment by default was rendered for, defendant, and plaintiffs appealed. The following was the contract on which suit was brought: “ This agreement, made and entered into this 23d day of August, A. D. 1853, by and between Jacob P. Leese, of the City and County of Monterey, in the…
1Opinion of the Court
By the Court, Sanderson, C. J.
Under the construction which we put upon that portion of the agreement which specifies the conditions upon which the money was to become due and payable, it becomes unnecessary to determine whether the agreement was intended to operate as a mortgage or not; for, if as we hold, the money became due on the 3d of March, 1858, the date of the patent, and not on the 9th day of February, 1863, (the date at which possession of the land included in the patent, except lot No. 327, was recovered,) as claimed by counsel for the plaintiffs, the cause of action was barred by…
2Cases cited1 opinion
- People ex rel. Attorney General v. Utica InsuranceNew York Supreme Court · 1818
3Cited by6 opinions
- Portland Gasoline Co. v. Superior Marketing Co.Texas Supreme Court · 1951
- Retsloff v. SmithCalifornia Court of Appeal · 1926
- Burke Land & Livestock Co. v. Wells, Fargo & Co.Idaho Supreme Court · 1900
- Sprague v. EdwardsCalifornia Supreme Court · 1874
- City of El Campo v. South Texas Nat. Bank of San AntonioCourt of Appeals of Texas · 1946
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