Martin
Martin v. Bank of San Jose
Opinion
Lead Opinion
Parker, J.
This is an appeal from a judgment for defendant, entered after an order sustaining demurrer to third complaint, the plaintiffs having declined to further amend. The complaint will be referred to simply as the complaint, without further reference to the fact that it is a twice amended pleading. The complaint, after preliminary allegations, states as follows: That on March 15, 1920, plaintiff Helen Martin was the wife of N. H. Teramian and that plaintiff John Teramian is the issue of their marriage. That on said date N. H. Teramian and Krikor H. Tayian were the owners of certain described parcels of land in Fresno County, California. That on said date, March 15, 1920, the said N. H. Teramian and wife and the said Krikor H. Tayian made, executed and delivered to defendant a certain promissory note in favor of said, defendant in the sum of $18,000, payable on March 15, 1923, with interest at the rate of seven per cent per annum, payable semi-annually, and at the same time, and as security for the payment of the said note, according to the tenor thereof, made and executed a certain deed of trust conveying the real property before described to San Jose Abstract Company, a corporation,…