President & Board of Trustees of California College v. Stephens
California Court of Appeal
APPEAL from a judgment of the Superior Court of San Joaquin County. W. B. Nutter, Judge. The facts 'are stated in the opinion of the court.
1Opinion of the CourtChipman, P. J.
This is an action to foreclose a mortgage. The .promissory note to secure which the mortgage was given became due July 13, 1900, and would he barred by lapse of time July 13, 1904. The complaint was filed October 14, 1907. Defendant demurred to the complaint on the ground that the action was barred by the statute of limitations; the demurrer was sustained and defendant had judgment accordingly. The appeal is from this judgment.
The contention of appellant is that defendant acknowledged the indebtedness in writing before the statute had run, and hence the court erred in sustaining the demurrer.…
2Cases cited20 opinions
- Biddel v. BrizzolaraCalifornia Supreme Court · 1883
- Fort Scott v. HickmanSupreme Court of the United States · 1884
- Southern Pacific Co. v. ProsserCalifornia Supreme Court · 1898
- Shepherd v. ThompsonSupreme Court of the United States · 1887
- Bloodgood v. . BruenNew York Court of Appeals · 1853
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3Cited by4 opinions
- Mendini v. MilnerIdaho Supreme Court · 1929
- Rea v. ReaCourt of Appeals of Washington · 1978
- Blazier v. Western Pipe & Steel Co.District Court, S.D. California · 1946
- Bronne Shirt Co. v. MatthessDistrict Court, S.D. California · 1950