Pico v. Gallardo
California Supreme Court
Appeal from the District Court, Seventeenth Judicial District, County of Los Angeles. Ejectment to recover two lots in the City of Los Angeles. Felis Gallardo was made sole defendant in the complaint, but his wife, by leave of the Court, intervened, and the two filed a joint answer.
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Appeal from the District Court, Seventeenth Judicial District, County of Los Angeles. Ejectment to recover two lots in the City of Los Angeles. Felis Gallardo was made sole defendant in the complaint, but his wife, by leave of the Court, intervened, and the two filed a joint answer. The answer set up that on the 8th day of December, 1859, the wife owned the lots as her separate property, and that she then executed to Juan Bernardo a deed of the same, absolute in form, but intended as a mortgage to secure the payment of four hundred and fifty dollars loaned to the husband by the grantee; that,…
1Opinion of the Court
Nothing remained in the defendants but the right of action for redemption. (Hughes v. Davis, 40 Cal. 120; Higgins v. Higgins, 46 Ibid. 264.)
Upon the defendants’ own theory, therefore, there is still due from them seven hundred dollars, which amount they never tendered or offered to pay; and although such offer is made in their answer, yet in fact they have not paid it, and the judgment does not require them to pay it, but on the contrary, awards costs to defendants.
V- E. and F. H. Howard, for the Respondents.
The Court finds that the deed of defendants was a mortgage. Once a mortgage, always a…
2Cases cited2 opinions
- Fair v. StevenotCalifornia Supreme Court · 1866
- Hughes v. DavisCalifornia Supreme Court · 1870
3Cited by6 opinions
- Emeric v. AlvaradoCalifornia Supreme Court · 1891
- Fly v. ClineCalifornia Court of Appeal · 1920
- Carpenter v. LewisCalifornia Supreme Court · 1897
- Emeric v. AlvaradoCalifornia Supreme Court · 1891
- Hyde v. ManganCalifornia Supreme Court · 1891
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