Pico

Pico v. Cohn

Bad Law
1891 Cal. LEXIS 1061·91 Cal. 129·27 P. 537
Supreme Court of CaliforniaSeptember 10, 1891No. 13892California2,295 words

Opinion

Lead Opinion

After a full consideration of the argument presented upon the rehearing in this cause, we are satisfied with the former decision, rendered on February 11, 1891; and for the reasons there given, the judgment appealed from is affirmed.

The following is the decision above referred to, rendered in Bank on the 11th of February, 1891:—

This is a suit in equity to vacate and annul a final decree in another action between the same parties on the ground that it was procured by fraud. The superior court sustained a demurrer to the complaint, and thereupon gave judgment for the defendants, from which the plaintiff appeals. The principal question presented by the appeal, and the only question we find it necessary to consider, is, whether the complaint, taken as true, presents a case entitling the plaintiff to the relief demanded, or to any relief,

*130 It is alleged that in April, 1883, the plaintiff was owner of several parcels of real estate in Los Angeles, then worth over two hundred thousand dollars, and of still greater value now; that one parcel of the land had been sold under decree of foreclosure, and the time for redemption was about to expire; that there were other pressing liens…

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