Scott v. Sells

26 P. 350, 88 Cal. 599, 1891 Cal. LEXIS 743
CourtCalifornia Supreme Court
DecidedApril 17, 1891
DocketNo. 14220
StatusPublished

This text of 26 P. 350 (Scott v. Sells) 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
Scott v. Sells, 26 P. 350, 88 Cal. 599, 1891 Cal. LEXIS 743 (Cal. 1891).

Opinion

Beatty, C. J.

This is an appeal from a decree foreclosing a mortgage.

The complaint is in all respects sufficient, and as the answer raised no material issue, the court properly gave judgment for the plaintiff on the pleadings.

It is objected that the complaint does not show that the mortgaged premises are in the county of Orange, where the action was commenced and the decree rendered. But the description in the mortgage, which is annexed to and made a part of the complaint, shows that the mortgaged premises are part of a legal subdivision which we know to have been within the boundaries of Orange County at the date of the commencement of the action, though at the date of the mortgage it was in Los Angeles County

Judgment affirmed.

De Haven, J., and McFarland, J., concurred.

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Bluebook (online)
26 P. 350, 88 Cal. 599, 1891 Cal. LEXIS 743, Counsel Stack Legal Research, https://law.counselstack.com/opinion/scott-v-sells-cal-1891.