Legal Opinion

Provident Mutual Building-Loan Ass'n v. Davis

California Supreme Court

Decided May 12, 1904No. L.A. No. 1148PublishedCited by 12 opinions

APPEAL from a judgment of the Superior Court of Los Angeles County and from an order denying a new trial. N. P. Conrey, Judge. The facts are stated in the opinion of the court.

1Opinion of the CourtLorigan, J.

The plaintiff, a building and loan association, brought this action to foreclose a mortgage given by defendants John W. Davis and his wife, Virginia, to secure payment of a note executed by John W. Davis in favor of plaintiff, making H. C. Brown, who had subsequently become the owner of the property, a party defendant.

Brown filed an answer and counterclaim; the Davises made default. Plaintiff demurred to the counterclaim on the ground that it did not state facts sufficient to constitute a counterclaim, and the demurrer was sustained. Upon the remaining issues the court found for plaintiff,…

2Cases cited1 opinion

  1. Pleasant v. SamuelsCalifornia Supreme Court · 1896

3Cited by12 opinions

  1. Carman v. AlvordCalifornia Supreme Court · 1982
  2. Giovanelli v. First Federal Savings & Loan Ass'nCourt of Appeals of Arizona · 1978
  3. Bailey v. Aetna Indemnity Co., of HartfordCalifornia Court of Appeal · 1907
  4. County of Shasta v. County of TrinityCalifornia Court of Appeal · 1980
  5. Rains v. ArnettCalifornia Court of Appeal · 1961

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