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88 Cal. 599

Scott v. Sells

California Supreme Court

Decided April 17, 1891

California Supreme Court · decided 1891-04-17

The action was brought to foreclose a mortgage given as security for the payment of a promissory note made by the defendants to the plaintiff, “ Richard Scott, trustee for Miss Elizabeth Scott.” The plaintiff sued simply as “Richard Scott, trustee.” The defendants’ answer admitted the making, execution, and delivery of the note and mortgage, and alleged that they had no knowledge or information sufficient to form a belief as to whether the said Richard Scott was trustee of…

Decided 1891-04-17

Beatty, C. J.

¶1This is an appeal from a decree foreclosing a mortgage.

¶2The complaint is in all respects sufficient, and as the answer raised no material issue, the court properly gave judgment for the plaintiff on the pleadings.

¶3It is objected that the complaint does not show that the mortgaged premises are in the county of Orange, where the action was commenced and the decree rendered. But the description in the mortgage, which is annexed to and made a part of the complaint, shows that the mortgaged premises are part of a legal subdivision which we know to have been within the boundaries of Orange County at the date of the commencement of the action, though at the date of the mortgage it was in Los Angeles County

¶4Judgment affirmed.

¶5De Haven, J., and McFarland, J., concurred.

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