McDougal v. Downey
California Supreme Court
Appeal from the District Court of the Seventeenth Judicial District, County of San Diego. The complaint alleges that in December, 1865, the plaintiff entered into a written agreement with the defendant by which she bound herself to advance money to pay a debt due from the defendant to a minor on account of an annual maintenance for the payment of which the defendant was responsible; and also to continue paying the allowance until the child should become twenty-one years of…
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Appeal from the District Court of the Seventeenth Judicial District, County of San Diego. The complaint alleges that in December, 1865, the plaintiff entered into a written agreement with the defendant by which she bound herself to advance money to pay a debt due from the defendant to a minor on account of an annual maintenance for the payment of which the defendant was responsible; and also to continue paying the allowance until the child should become twenty-one years of age; that to secure the repayment of this money the defendant gave the plaintiff a mortgage upoh certain land; that in…
1Opinion of the Court
By the Court:
The Court below sustained a demurrer to the complaint “ for the reason that it appears by the complaint that a former recovery and judgment have been had on the same mortgage herein sued on, and it appearing that plaintiff has an adequate remedy for the alleged demand otherwise than by this suit.” While it is true that a decree had been entered upon this mortgage in a former action, it did not embrace the demand upon which the present action is founded. This latter demand has arisen only since the entry of the decree in the former action, and its amount has never been judicially…
2Cited by4 opinions
- Stockton Savings & Loan Society v. HarroldCalifornia Supreme Court · 1900
- Higgins v. San Diego Savings BankCalifornia Supreme Court · 1900
- Jacoby v. PeckCalifornia Court of Appeal · 1913
- Collerd v. HusonNew Jersey Court of Chancery · 1881