Harp v. Calahan
California Supreme Court
Appeal from the District Court of the Fifth Judicial District, County of Stanislaus. The defendant demurred to the complaint, because it did not state facts sufficient to constitute a cause of action; and, at the same time, moved the Court to strike from the complaint, as irrelevant and immaterial, the following allegations: “VII.
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Appeal from the District Court of the Fifth Judicial District, County of Stanislaus. The defendant demurred to the complaint, because it did not state facts sufficient to constitute a cause of action; and, at the same time, moved the Court to strike from the complaint, as irrelevant and immaterial, the following allegations: “VII. That at the said several times after the said Calaban so becoming indebted, and executing and delivering the said notes and mortgages to the said plaintiff, the said Calaban was, and for a long time prior thereto had been married, and that the name of his then wife…
1Opinion of the Court
By the Court, Crockett, J.:
In his lifetime one S. W. Calahan, now deceased, made and delivered to the plaintiff his two promissory notes and mortgages on real estate to secure their payment. Subsequently Calahan died, and by his last will and testament devised the land to his widow and minor children. The will was duly probated and letters of administration with the will annexed were issued to the widow. This is an action against the widow and other devisees to foreclose the mortgage, and was commenced in August, 1872. It appears on the face of the complaint that the notes and mortgages were…
2Cases cited3 opinions
- Sichel v. De CarrilloCalifornia Supreme Court · 1871
- Christy v. DanaCalifornia Supreme Court · 1868
- Schadt v. HeppeCalifornia Supreme Court · 1873
3Cited by18 opinions
- Nathanson v. Superior CourtCalifornia Supreme Court · 1974
- Hurlimann v. Bank of America National Trust & Savings Ass'nCalifornia Court of Appeal · 1956
- Satterfield v. GarmireCalifornia Supreme Court · 1967
- Bush v. AdamsSupreme Court of Florida · 1886
- Clayton v. DinwoodeyUtah Supreme Court · 1908
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