Bank of Italy National Trust & Savings Ass'n v. Bettencourt

On September 28, 1925, J. E. Francis and John Miramontes, in their names, began a personal property foreclosure action in the Superior Court of the County of San Mateo against Joseph S. Bettencourt and wife, Mary Bettencourt, and the Bank of Half Moon Bay and certain fictitious defendants. The Bank of Half Moon Bay was made a party defendant on the theory that it claimed some interest in the subject matter of the action. The case was tried by the court, a jury trial having been expressly waived.

Said plaintiffs based their causes of action upon two counts. The first consisted of a one-year…