Cook v. De la Guerra
California Supreme Court
Appeal from the District Court, First Judicial District, Los Angeles County. José de la Guerra y Noriega, the father of the defendants, the De la Guerras, died in February, 1858, and by his last will and testament devised the mortgaged premises to said defendants, and made the defendants Pablo and Francisco, his sole executors. The will was admitted to probate, and the executors entered on the discharge of then trust.
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Appeal from the District Court, First Judicial District, Los Angeles County. José de la Guerra y Noriega, the father of the defendants, the De la Guerras, died in February, 1858, and by his last will and testament devised the mortgaged premises to said defendants, and made the defendants Pablo and Francisco, his sole executors. The will was admitted to probate, and the executors entered on the discharge of then trust. The devisees, on the 29th day of May, 1861, executed the note and mortgage upon which this action was brought. The other facts are stated in the opinion of the Court.
1Opinion of the Court
By the Court, Rhodes, J.
The complaint in this case is in the usual form of complaints for the foreclosure of mortgages of real estate. All of the defendants except Orena demurred to the complaint on the grounds that there is a defect of the parties defendants, and that the complaint does not state facts sufficient to constitute a cause of action.
*239It does not appear upon the face of the complaint that there is a. defect of parties, but the defendants, in order to make the defect apparent, allege as facts that the mortgaged premises are a portion of the estate of José de la Guerra y Noriega, and…
2Cited by6 opinions
- People v. McNultyCalifornia Supreme Court · 1892
- People v. TraversCalifornia Supreme Court · 1891
- Cargnani v. CargnaniCalifornia Court of Appeal · 1911
- Hayward v. HendersonCalifornia Court of Appeal · 1979
- Overton v. StateSupreme Court of Arkansas · 1892
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