Fairbanks v. Robinson

California Supreme Court

Fairbanks v. Robinson

30 P. 812, 64 Cal. 250, 1883 Cal. LEXIS 616

DecidedOctober 25, 1883

StatusPublished

This text of 30 P. 812 (Fairbanks v. Robinson) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Fairbanks v. Robinson, 30 P. 812, 64 Cal. 250, 1883 Cal. LEXIS 616 (Cal. 1883).

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Opinion

Per Curiam.

This is an action to foreclose a mortgage executed by the intestate Martin to secure a portion of the purchase money of the premises. The answer of the defendants Olive and John Martin, avers that all the property of the intestate, including the mortgaged premises, was set apart to said defendants under section 1469 of the Code of Civil Procedure. The answer was demurred to, and the demurrer overruled.

We are of opinion that the demurrer should have been sustained. The matters set up in the answer constitute no defense to this action.

Judgment reversed and cause remanded with instruction to sustain the demurrer to defendants’ answer, with leave to amend within ten days after notice thereof.

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Per Curiam.

This is an action to foreclose a mortgage executed by the intestate Martin to secure a portion of the purchase money of the premises. The answer of the defendants Olive and John Martin, avers that all the property of the intestate, including the mortgaged premises, was set apart to said defendants under section 1469 of the Code of Civil Procedure. The answer was demurred to, and the demurrer overruled.

We are of opinion that the demurrer should have been sustained. The matters set up in the answer constitute no defense to this action.

Judgment reversed and cause remanded with instruction to sustain the demurrer to defendants’ answer, with leave to amend within ten days after notice thereof.

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Bluebook (online)

30 P. 812, 64 Cal. 250, 1883 Cal. LEXIS 616, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fairbanks-v-robinson-cal-1883.