Latta

Latta v. Tutton

Good Law
122 Cal. 279·1898 Cal. LEXIS 572·54 P. 844
Supreme Court of CaliforniaOctober 13, 1898L. A. No. 428California1,460 words

Opinion

Lead Opinion

Chipman, J.

Claim and delivery of certain five bonds of the Linda Vista Irrigation District of the value of five hundred dollars each. Defendant denies f'he ownership of plaintiff and claims ownership in himself, and sets up the statute of limita *281 tions. The pleadings are verified. The trial was by the court, and the findings of fact are: That plaintiff was the owner of the property on November 12, 1892, and ever since has been such owner as her separate property; that on the day last named W. C. Latta, husband of plaintiff, delivered the property to defendant as a pledge, with the knowledge and consent of plaintiff, as part of the security for a loan of two thousand five hundred dollars, evidenced by a note executed by plaintiff and her husband, due three years after date, secured by mortgage on certain real estate; that defendant foreclosed said mortgage upon said real estate, and it was sold thereunder, leaving a deficiency of five .hundred and twenty-three dollars and twenty-eight cents; that 1 plaintiff, at the city of San Diego, on January 7, 1897, prior to the commencement of this suit, offered in writing to pay defendant said sum, with legal interest, the amount she claimed to be…

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