Legal Opinion

Buena Vista Fruit & Vineyard Co. v. Tuohy

California Supreme Court

Decided May 13, 1895No. 18350PublishedCited by 26 opinions

Appeal from a judgment of the Superior Court of Tulare County. The facts are stated in the opinion.

1Opinion of the Court

Searls, C.

This action is brought by the corporation plaintiff, to have a judgment of foreclosure against its property and a deficiency judgment entered after a sale in foreclosure set aside, and to have the mortgages and notes upon which the foreclosure proceedings were had set aside, annulled, and canceled, and that the defend» ants, and each of them, be enjoined and restrained from conveying, disposing of, or encumbering the land and premises mortgaged.

Defendants demurred to the complaint by two separate demurrers, one on behalf of Tuohy and the other by all the other defendants. These…

2Cases cited3 opinions

  1. Burton v. StewartNew York Supreme Court · 1829
  2. Burbank v. DennisCalifornia Supreme Court · 1894
  3. Ex-Mission Land & Water Co. v. FlashCalifornia Supreme Court · 1893

3Cited by26 opinions

  1. Simmons v. California Institute of TechnologyCalifornia Supreme Court · 1949
  2. Kelley v. OwensCalifornia Supreme Court · 1898
  3. Mercantile Trust Co. v. Sunset Road Oil Co.California Supreme Court · 1917
  4. Field v. AustinCalifornia Supreme Court · 1901
  5. Tognazzini v. FreemanCalifornia Court of Appeal · 1912

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