Bradbury

Bradbury v. Thomas

Good Law
135 Cal. App. 435·1933 Cal. App. LEXIS 282·27 P.2d 402
Court of Appeal of CaliforniaNovember 24, 1933Docket No. 1071.California3,565 words

Opinion

Lead Opinion

Jennings, J.

Plaintiffs instituted this action for the purpose of quieting their title to fifteen specific lots de scribed in the complaint. The defendant Harriet F. Thomas answered the complaint, admitting that she claimed an interest in the property described in the complaint which was adverse to any claim of plaintiffs. She likewise filed a cross-complaint wherein it was alleged that she was the owner and holder of two promissory notes executed by H. B. Adsit and wife and of the mortgage executed to secure payment of said notes; that subsequent to the execution of the notes and mortgage Adsit conveyed the mortgaged premises to plaintiffs who assumed the said mortgage and agreed to pay the indebtedness which it was given to secure; that a portion of the principal of said notes was paid, but that the balance of the indebtedness represented by the notes, together with interest thereon, was long past due. The cross-complaint concluded with a prayer that the said defendant have judgment against plaintiffs for the amount claimed and that the mortgaged premises be sold for the purpose of satisfying the judgment and that, if the proceeds realized from the sale of the property should not be…

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