Rollins v. Forbes
California Supreme Court
Appeal from the District Court of the Third Judicial District, County of Alameda. The facts of the case appear in the opinion of the Court.
1Opinion of the CourtField, J.
Terry, C. J., and Baldwin, J., concurring.
This is an action to foreclose a mortgage, executed by both defendants, to secure a promissory note of the defendant Andrew Forbes. The complaint contains the usual averments in such cases, and concludes with a prayer for judgment for the amount of the note and interest, and a decree for the sale of the mortgaged premises. The defendants demurred on two grounds: first, that it does not appear by the complaint that the plaintiff is the holder of the note upon which, and the mortgage, the suit is brought j and, second, a misjoinder of causes of ac*300tion,…
2Cited by23 opinions
- Davis v. AlvordSupreme Court of the United States · 1877
- Angus v. CravenCalifornia Supreme Court · 1901
- Englund v. LewisCalifornia Supreme Court · 1864
- Chapin & Mastick v. BroderCalifornia Supreme Court · 1860
- Hobbs v. DuffCalifornia Supreme Court · 1863
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