Swain v. Stockton Savings & Loan Society
California Supreme Court
Appeal from a judgment of the Superior Court of San Joaquin County. In December, 1884, Thomas Cornwall and wife were indebted to the Stockton Savings and Loan Society in the sum of nineteen thousand seven hundred dollars.
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Appeal from a judgment of the Superior Court of San Joaquin County. In December, 1884, Thomas Cornwall and wife were indebted to the Stockton Savings and Loan Society in the sum of nineteen thousand seven hundred dollars. This indebtedness was evidenced by their promissory note payable to the defendant, and to secure the payment of said note and interest, and any advances of money that the defendants might make to them, they granted, bargained, sold, and conveyed to L. U. Shippee and F. M. West, in trust, a certain tract of land described in the complaint in this action. The parties to this…
1Opinion of the Court
Foote, C.
— This action was brought under section 2904 of the Civil Code, to subrogate the plaintiff to certain superior lien rights of the defendant. The defendant demurred to the complaint, which was overruled. Upon answer filed a trial was had, and a judgment as prayed for passed for the plaintiff, from which the defendant appeals.
1. It is contended by the appellant that the complaint does not state facts sufficient to constitute a cause of action.
2. That there is a non-joinder of parties defendant.
3. That the findings do not support the judgment.
• a. The first point made by the -defendant…
2Cases cited2 opinions
- Vaughn v. ElyNew York Supreme Court · 1848
- People ex rel. Mulford v. MayhewCalifornia Supreme Court · 1864
3Cited by7 opinions
- Stein v. SimpsonCalifornia Supreme Court · 1951
- North Dakota Horse & Cattle Co. v. SerumgardNorth Dakota Supreme Court · 1908
- Hildebrand v. Superior CourtCalifornia Supreme Court · 1916
- Ferry v. FiskCalifornia Court of Appeal · 1921
- Hardin v. KelleyCourt of Appeals for the Eighth Circuit · 1906
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