Sacramento Sav. Bank v. Spencer
California Supreme Court
Appeal from the District Court of the Fifth Judicial District, San Joaquin County. Ejectment for a tract of land in San Joaquin County. Spencer was the owner of the land under a patent from the United States, and mortgaged it to W. K. Dell. Subsequent to the execution of the mortgage, Spencer became insane, and was confined as an insane person in the State Insane Asylum at Stockton.
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Appeal from the District Court of the Fifth Judicial District, San Joaquin County. Ejectment for a tract of land in San Joaquin County. Spencer was the owner of the land under a patent from the United States, and mortgaged it to W. K. Dell. Subsequent to the execution of the mortgage, Spencer became insane, and was confined as an insane person in the State Insane Asylum at Stockton. During such insanity and confinement, Dell commenced an action against Spencer in the District Court, San Joaquin County, to foreclose the mortgage, and for a decree of sale of the mortgaged premises. Spencer was…
1Opinion of the Court
By the Court :
The defendant claims that the decree in the foreclosure suit is void, because it appeal's from the return of the Sheriff that no copy of the complaint was served with the summons on Spencer, one of the defendants therein. There were, however, three defendants to that action, to wit, Robert W. Spencer, John Doe, and Richard Roe. Three persons were sued, and the circumstance that the real names of two of them were unknown to plaintiff, and that they were designated by fictitious names, did not reduce the number of defendants. The Practice Act of 1851, as amended in 1860, provided:…
2Cases cited1 opinion
- Dupond v. BarstowCalifornia Supreme Court · 1873
3Cited by11 opinions
- Olivera v. GraceCalifornia Supreme Court · 1942
- In re Estate of EichhoffCalifornia Supreme Court · 1894
- State ex rel. Happel v. District CourtMontana Supreme Court · 1909
- Woods v. BrownIndiana Supreme Court · 1884
- Maloney v. DeweyIllinois Supreme Court · 1889
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