Cummings v. Ketchum
California Supreme Court
Appeal from a judgment of the Superior Court of Santa Cruz County. The plaintiff brought the present action against the defendant Cummings for a divorce, and for a division of the community property. Morgan L. Ketchum, James L. Simpson, and the Bank of Watsonville were also -made defendants, on the alleged ground that they had an interest in the property.
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Appeal from a judgment of the Superior Court of Santa Cruz County. The plaintiff brought the present action against the defendant Cummings for a divorce, and for a division of the community property. Morgan L. Ketchum, James L. Simpson, and the Bank of Watsonville were also -made defendants, on the alleged ground that they had an interest in the property. The complaint charged that Ketchum and the bank were defrauding the plaintiff of her marital community rights in certain real property, and that this fraud was based on a deed of the property made by Cummings to Ketchum in May, 1876, and on…
1Opinion of the CourtMcKinstby, J.
The appeal is by the defendant Morgan L. Ketchum, from portions of the judgment, and no point is made by respondent that the judgment of the superior court is not final and appealable.
It is not necessary to decide whether the court below did or did not err in overruling the demurrer to the complaint of the defendants Ketchum and the Bank of Watsonville. If it be conceded the demurrer was properly overruled, the portions of the judgment appealed from must still be reversed.
And even if upon the complaint a judgment decreeing an accounting and for a redemption from the mortgages of the…
2Cases cited3 opinions
- Gregory v. NelsonCalifornia Supreme Court · 1871
- Hills v. SherwoodCalifornia Supreme Court · 1867
- Carpentier v. BrenhamCalifornia Supreme Court · 1875
3Cited by15 opinions
- Baar v. SmithCalifornia Supreme Court · 1927
- Elms v. ElmsCalifornia Supreme Court · 1935
- Callnon v. CallnonCalifornia Court of Appeal · 1935
- Citizens Savings & Trust Co. v. RogersWisconsin Supreme Court · 1916
- Noonan v. NunanCalifornia Supreme Court · 1888
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