Hutchison

Hutchison v. Barr

Caution
183 Cal. 182·1920 Cal. LEXIS 391·190 P. 799
Supreme Court of CaliforniaJune 16, 1920L. A. No. 6093.California1,180 words

Opinion

Lead Opinion

Lennon, J.

This action—one to foreclose a real property mortgage—was commenced April 3, 1918. The complaint, which was in the usual form of an action to foreclose, alleged, among other things, that the corporation defendant, Walter G. McCarty Company, was, on the first day of September, 1914, the owner in fee of the property designated and described in the complaint and that, on the said first day of September, 1914, the corporation defendant executed to E. W. Grannis, plaintiff’s assignor, as security for a promissory note in the sum of two thousand dollars, the mortgage in suit upon the property described in the complaint. Plaintiff’s complaint failed, however, to allege who was the owner of the mortgaged property at the time of the commencement of the action. The defendant Florence A. Barr was made a defendant in the action upon the allegation that she, as purchaser, had or claimed some interest in the mortgaged property which was subordinate to and subject to the lien of plaintiff’s mortgage. The record shows an entry of her default for failure to answer within the time allowed therefor. The record is silent, however, as to whether the default was set aside, but it presumably was, for…

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