Cormerais v. Genella
California Supreme Court
Appeal from, the Fourth Judicial District. The action was upon an instrument executed by the appellant, Joseph Genella, to the respondent Henry Cormerais, and was commenced August 6th, 1861. The appeal is upon the pleadings and the judgment.
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Appeal from, the Fourth Judicial District. The action was upon an instrument executed by the appellant, Joseph Genella, to the respondent Henry Cormerais, and was commenced August 6th, 1861. The appeal is upon the pleadings and the judgment. The complaint, so far as it bears upon the questions raised, shows: That April 2d, 1855, the defendant, appellant, Genella, being indebted to French, Wells & Co., of which firm the plaintiffs, respondents French & Wells, are the surviving partners, in $10,000 ; to the plaintiffs the Boston and Sandwich Glass Co., in $15,000 ; and to the plaintiffs Jarvis…
1Opinion of the CourtCrocker, J.
This action was brought in the District Court to foreclose an instrument claimed to be a mortgage. The plaintiffs recovered judgment, and the defendant appeals to this Court.
The first ground of error is that the complaint does not state facts sufficient to constitute a cause of action, and therefore the Court below erred in overruling the demurrer filed by the defendant setting up that ground. Upon this point the defendant contends that the instrument sued on is not a mortgage, but a conveyance of the fee in trust, and that therefore this action cannot be maintained to enforce it.
The…
2Cases cited5 opinions
- Koch v. BriggsCalifornia Supreme Court · 1859
- Chapin & Mastick v. BroderCalifornia Supreme Court · 1860
- Cox v. WheelerNew York Court of Chancery · 1838
- Carradine v. O'ConnorSupreme Court of Alabama · 1852
- Rowland v. LeibyCalifornia Supreme Court · 1859
3Cited by11 opinions
- Continental Casualty Co. v. Phoenix Construction Co.California Supreme Court · 1956
- Bateman v. BurrCalifornia Supreme Court · 1881
- Banta v. WiseCalifornia Supreme Court · 1901
- Godfrey v. MonroeCalifornia Supreme Court · 1894
- Bayer v. HoaglandCalifornia Court of Appeal · 1928
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