Legal Opinion

Brainard v. Whitman

California Court of Appeal

Decided December 24, 1935No. Civ. No. 5437Published

1Opinion of the Court

JAMISON, J., pro tem.

Plaintiffs commenced this action to foreclose a mortgage executed to them by defendant Prances E. Whitman, the complaint therein containing the *33usual allegations in a foreclosure proceeding. Defendant Prances E. Whitman answered, setting up two defenses in said complaint.

Plaintiffs filed a general demurrer to said answer, which was sustained and said defendant was given leave to amend her answer. Said defendant having failed and refused to amend her answer, judgment was rendered against her, foreclosing the mortgage, and from this judgment she has appealed.

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2Cases cited4 opinions

  1. Felch v. BeaudryCalifornia Supreme Court · 1871
  2. Smith v. SmithCalifornia Supreme Court · 1901
  3. Capuccio v. CaireCalifornia Supreme Court · 1922
  4. Fresno Investment Co. v. RussellCalifornia Court of Appeal · 1921

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