Coddington

Coddington v. Hopkins

Good Law
1 Cal. Unrep. 199
Supreme Court of CaliforniaMarch 6, 1865No. 431California1,115 words

Opinion

Lead Opinion

Sanderson, J.

This is an action to foreclose a mortgage. Only one of the defendants, Lyman Fish, appeared in the action, who -demurred generally to the -complaint alleging that the same did not state facts sufficient to constitute a cause -of action. The complaint is in the usual form in such cases, and alleges that Lyman Fish, among others, has or claims to have some interest or lien upon the mortgaged premises or a part thereof, which interest or lien, if any, was acquired by him subsequent to the lien, of the mortgage in suit. The complaint contains a full copy of the mortgage in which the premises are described as follows: .

*200 The ground of the demurrer is that this description is fatally defective and that the mortgage is therefore void, as against the appellant at least, for uncertainty. The demurrer was overruled by the court below, which the appellant claims was error.

It is argued that the description is bad because neither the state, county or township in which the land is situated is designated, nor any corners, posts, monuments or initial points, or lines, courses, or distances given by which the location of the land can be ascertained, or its quantity measured and segregated…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.