Thatcher

Thatcher v. Edsall

Good Law
2 Cal. Unrep. 331·4 P. 202
Supreme Court of CaliforniaJune 28, 1884No. 7792California656 words

Opinion

Lead Opinion

Ross, J.

To a verified complaint, in the ordinary form, for the foreclosure of two certain mortgages, the defendant, Juana B. Edsall, interposed an answer in which she admitted the execution of the notes and mortgages set forth in the complaint but denied that0at the time of such execution she was indebted to the plaintiff in any sum of money, and alleged that she executed the notes and mortgages without receiving any consideration whatever therefor, and that each of those instruments was procured from her by false and fraudulent representations. Por a further and separate answer she alleged that she did not know, at the time of her execution of the note and mortgage set forth in the first count of the complaint, that the amount thereby agreed to be paid by her was $4,700, but believed that the sum therein mentioned and agreed to be paid was $4,500, and no more, and that the sum of $4,700 was inserted in said note and mortgage without her knowledge or consent. Like averments are made in the answer of defendant with respect to the note and mortgage secondly counted on by the plaintiff; that is to say, it is alleged that defendant did not know at the time of the execution of that note and…

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