Martin v. Matfield
California Supreme Court
Appeal from the District Court, Seventeenth Judicial District, County of Los Angelos. The defendants, Hatfield and wife and Winston, and John King, executed a mortgage to the plaintiff on a tract of land, to secure the promissory note of the husband, Winston, and King. This action was commenced to enforce the mortgage. King died before the suit was commenced, and his administrator was made a party defendant.
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Appeal from the District Court, Seventeenth Judicial District, County of Los Angelos. The defendants, Hatfield and wife and Winston, and John King, executed a mortgage to the plaintiff on a tract of land, to secure the promissory note of the husband, Winston, and King. This action was commenced to enforce the mortgage. King died before the suit was commenced, and his administrator was made a party defendant. Mrs. Hatfield answered separately, and alleged that she owned, as her separate property, an undivided one fourth of the land mortgaged, and that she signed the mortgage as an…
1Opinion of the Court
By the Court, Wallace, C. J.:
The findings of the Court below were, in substance, that the allegations of the complaint are true in point of fact. The conclusion of law deduced by the Court from the facts as found was, that the plaintiff is entitled to the relief sought by his complaint. Inasmuch as there is no question as to the sufficiency of the complaint, as the foundation of the relief therein demanded, it is evident that, if an error of law was committed, it must have been committed *44in some of the proceedings resulting in the findings of fact. Certain of the defendants moved for a new…
2Cited by32 opinions
- Brison v. BrisonCalifornia Supreme Court · 1891
- Swift v. Occidental Mining & Petroleum Co.California Supreme Court · 1903
- In re the Estate of DoyleCalifornia Supreme Court · 1887
- Kaiser v. DaltoCalifornia Supreme Court · 1903
- Knight v. RocheCalifornia Supreme Court · 1880
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