Tuohy
Buena Vista Fruit & Vineyard Co. v. Tuohy
Opinion
lead Opinion
Searls, J.
This action is brought by the corporation plaintiff, to have a judgment of foreclosure against its property and a deficiency judgment entered after a sale in foreclosure set aside, and to have the mortgages and notes upon which the foreclosure proceedings were had set aside, annulled, and canceled, and that the defend» ants, and each of them, be enjoined and restrained from conveying, disposing of, or encumbering the land and premises mortgaged.
Defendants demurred to the complaint by two separate demurrers, one on behalf of Tuohy and the other by all the other defendants. These demurrers were sustained by the court, and plaintiff declining or failing to amend after notice and leave so to do, final judgment was entered in favor of defendants. Plaintiff appeals from the judgment.
The complaint, with the exhibits thereto attached and made a part thereof, covers over fifty pages of the printed transcript. To epitomize it within brief limits, and at the same time to illustrate it fairly, is quite difficult.
The following synopsis will illustrate its more salient features: On the thirteenth day of May, 1891, John Tuohy, one of the defendants, was the owner of 720 acres of land,…