Bull
Bull v. Strong
Opinion
Lead Opinion
McFarland, J.
This action was originally commenced by Alpheus Bull, now deceased, against John T. Coe, administrator of Charles L. Strong, deceased, and his widow, Hattie W. Strong, to foreclose a mortgage executed to said Bull by said Charles and Hattie Strong upon land admitted to have *28 been the separate property of said Hattie. Judgment was first rendered in favor of the defendants; and upon appeal to this court the judgment was reversed, and a new trial ordered. (See Bull v. Coe, 77 Cal. 54 ; 11 Am. St. Rep. 235 .) After the return of the remittitur the pleadings were amended several times; and the action was prosecuted by the administrators of Alpheus Bull against Hattie W. Strong, alone — it having been dismissed by the plaintiffs as to the administrator of said Charles L. Strong. Judgment was again rendered in favor of the defendant, Hattie W. Strong, and plaintiff appeals from the judgment and from an order denying a new trial.
It is averred in the complaint that on October 31, 1882, the said Charles L. Strong, since deceased, arid his wife, the said Hattie W. Strong, duly executed to said Bull, deceased, a deed which conveyed to said Bull the land in contest, which provided,…