Legal Opinion

De Martin v. Phelan

California Supreme Court

Decided January 6, 1897No. S. F. No. 352PublishedCited by 10 opinions

Appeal from a judgment of the Superior Court of the City and County of San Francisco. James V. Coffey, Judge. The facts are stated in the opinion of the court.

1Opinion of the CourtTemple, J.

This appeal is from a judgment upon demurrer to the complaint. The complaint contains averments to the effect that on the fourth day of FTovember} A. D. 1881, plaintiff owned a certain tract of land which was then subject to mortgage liens, then owned by James Phelan. The amount due on said mortgages was $196,-000. The real estate was worth $390,375. The plaintiff and her thirteen children were in indigent circumstances, destitute of available means of support, in great need, and unable to secure an additional loan upon said land or to sell the same, owing to financial stringency then…

2Cited by10 opinions

  1. Security-First Nat. Bank v. Rindge Land & Navigation Co.Court of Appeals for the Ninth Circuit · 1936
  2. Wright v. Security-First National BankCalifornia Court of Appeal · 1939
  3. Tetenman v. EpsteinCalifornia Court of Appeal · 1924
  4. Bastajian v. BrownCalifornia Court of Appeal · 1943
  5. Heney v. HeneyCalifornia Court of Appeal · 1926

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