Savings & Loan Society v. Horton
California Supreme Court
Appeal from a judgment of the Superior Court of the city and county of San Francisco. The facts are sufficiently stated in the opinion of the court.
1Per curiam
Plaintiff filed a complaint to foreclose a mortgage executed by the defendant, and no defense having been interposed, a default decree was entered in the case. On this appeal it is urged that the decree was for a larger amount than the complaint shows to have been due, and we think the point is well taken. Computing the interest claimed in the complaint, and adding thereto payments alleged to have been *106made by the mortgagee for taxes, it appears that the decree is for a larger sum than results from such computation.
It is contended by respondent that the difference may be accounted for by…
2Cases cited1 opinion
- DeLeuw v. NeelyIllinois Supreme Court · 1874
3Cited by5 opinions
- Burtnett v. KingCalifornia Supreme Court · 1949
- Bell v. San Francisco Savings UnionCalifornia Supreme Court · 1908
- Yndart v. DenCalifornia Supreme Court · 1897
- Dean v. ApplegarthCalifornia Supreme Court · 1884
- Nash v. El Dorado Co.United States Circuit Court · 1885