Spect

Spect v. Spect

Good Law
13 L.R.A. 137·1891 Cal. LEXIS 710·88 Cal. 437·26 P. 203
Supreme Court of CaliforniaMarch 25, 1891No. 14075California2,883 words

Opinion

Lead Opinion

Harrison, J.

The defendant in her answer to a complaint in ejectment, which was in the ordinary form, denied all its allegations, and “for a separate and equitable defense to plaintiff’s action, and for the purpose of obtaining equitable relief herein,” alleged that in October, 1875, Jonas Spect, who was then the owner and in possession of the demanded premises, conveyed the same to one Montgomery; that in October, 1876, said Jonas Spect borrowed from the defendant the sum of $2,200, and executed to her his promissory note therefor; that on the second day of January, 1877, he procured said Montgomery to convey the demanded premises to her, and that at the same time, and as a part of the same transaction, an agreement was entered into between herself and said Jonas Spect, declaring that said conveyance was made as security for the payment of said promissory note; “ that by virtue of said conveyance from Montgomery, and said agreement, and by the consent of said Jonas Spect, defendant took possession of the demanded premises, and has ever since remained, and is now, in actual possession of the same, claiming them as her own; that no part of said $2,200 has ever been paid, principal or interest,…

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