Hartman v. Olvera
California Supreme Court
Appeal from judgment for plaintiff, in the Seventeenth District-Court, County of Los Angeles. Sepulveda, J. It appeared from the complaint that Augustin Olvera, defendant Olvera’s testator, sold the Rancho Cuyamaca to one Stewart, and took a mortgage for the purchase-money; that Stewart conveyed undivided interests to the defendants Allison and Treat, the latter of whom conveyed an undivided interest to defendant Luco; that the said defendants agreed with Stewart to pay…
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Appeal from judgment for plaintiff, in the Seventeenth District-Court, County of Los Angeles. Sepulveda, J. It appeared from the complaint that Augustin Olvera, defendant Olvera’s testator, sold the Rancho Cuyamaca to one Stewart, and took a mortgage for the purchase-money; that Stewart conveyed undivided interests to the defendants Allison and Treat, the latter of whom conveyed an undivided interest to defendant Luco; that the said defendants agreed with Stewart to pay their respective proportions of the mortgage debt, and that they had been garnisheed under an attachment in a suit by the…
1Opinion of the Court
By the Court:
The demurrer should have been sustained. The complaint alleges, indeed, that the defendants, Luco and Allison, admitted an indebtedness on service of process of garnishment, but sets forth in full the facts out of which the alleged indebtedness arose. The appellants did not become indebted by taking conveyances from the mortgagor, nor did they become indebted to the mortgagee by an agreement made between them and the mortgagor, to which the mortgagee was not a party, and to which he did not assent.
Judgment reversed and cause remanded, with directions to sustain the demurrer to…
2Cited by1 opinion
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