Stoddart v. Burge
California Supreme Court
Appeal from the District Court of the Twelfth Judicial District, City and County of San Francisco. The action was brought to quiet the title to a certain lot in San Francisco. The complaint averred ownership in fee and possession in the plaintiff, and also alleged that the property was conveyed to the plaintiff by the defendant and her deceased husband.
Read the full summary
Appeal from the District Court of the Twelfth Judicial District, City and County of San Francisco. The action was brought to quiet the title to a certain lot in San Francisco. The complaint averred ownership in fee and possession in the plaintiff, and also alleged that the property was conveyed to the plaintiff by the defendant and her deceased husband. The answer denied the averment with respect to the ownership in fee; and in reference to the averment as to the deed, alleged that the conveyance was simply a mortgage to secure the payment of money advanced to defendant’s husband. It further…
1Opinion of the Court
By the Court, Crockett, J.:
The appeal from the order denying the motion to vacate the order dismissing the cross-complaint, and to set aside the judgment, was not taken in time, and is therefore dismissed. Nor can the order dismissing the cross-complaint, and directing a judgment to be entered for the plaintiff, be reviewed on the appeal from the judgment, in the absence of a bill of exceptions or statement on appeal. (Douglas v. Dakin, 46 Cal. 49.)
It appears, however, from a recital in the judgment, that the cause was regularly called for trial, and the defendant failed to appear, whereupon…
2Cases cited1 opinion
- Douglas v. DakinCalifornia Supreme Court · 1873
3Cited by12 opinions
- Peterson v. GibbsCalifornia Supreme Court · 1905
- German-American Sav. Bank v. GollmerCalifornia Supreme Court · 1909
- Satterwhite v. . GallagherSupreme Court of North Carolina · 1917
- Buehler v. BassettCalifornia Court of Appeal · 1924
- McKinnie v. ShafferCalifornia Supreme Court · 1888
7 more not listed; retrieve them via the Exa API.