Van Loo v. Van Aken
California Supreme Court
Appeal from a judgment of the Superior Court of Fresno County. The facts are stated in the opinion of the court. The failure of the mortgagor to pay the interest when due gave the mortgagee the right to foreclose the mortgage. (Yoalcam v. White, 97 Cal. 286; Jones on Mortgages, secs. 652, 1176, 1178.) A mortgage cannot be foreclosed in this state for interest due, unless the terms of the note or mortgage say so. (Brodribb v. Tibbets, 58 Cal. 6.)
1Opinion of the CourtBeatty, C. J.
Action to foreclose a mortgage. A general demurrer to the complaint for want of facts was sustained by the superior court, and, plaintiff being unable to amend, judgment was entered for the defendants, from which the plaintiff appeals. The sole question to be determined is whether the complaint states a cause of action.
*270It is alleged that on the 9th of December, 1890, the defendants executed and delivered to the plaintiff their promissory note in the following words and figures:
“$5,000. Fuesno, Oal., December 9, 1890.
“Five years after date, without grace, for value received, we promise to pay…
2Cases cited2 opinions
- Brodribb v. TibbetsCalifornia Supreme Court · 1881
- Yoakam v. WhiteCalifornia Supreme Court · 1893
3Cited by3 opinions
- Cal. Safe Deposit & Tr. Co. v. Sierra Valleys Ry.California Supreme Court · 1910
- Phelps v. MayersCalifornia Supreme Court · 1899
- Castor v. MuramotoWashington Supreme Court · 1912