Emeric v. Tams
California Supreme Court
Appear from the District Court of the Seventh Judicial District, County of Contra Costa. The opinion of the Court discloses the facts and the points made by appellant, except the third point, which was an objection to the interest due being made part of the judgment, and made to draw interest as a part of it.
1Opinion of the Court
The opinion of the Court was delivered by Justice Terry.
Mr. Chief Justice Murray concurred.
This was an action to foreclose a mortgage on real property.
The first point made by appellant is, that the Court erred in overruling the demurrer to the complaint, because it contained no sufficient description of the land. The complaint refers to the mortgage (a copy of which is attached) which contains a sufficient description of the premises for the purposes of the suit. The action was not for the recovery of lands, and, therefore, not governed by the fifty-eighth section of our Practice Act. •
The…
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