Alden v. Pryal

Citations

• 60 Cal. 215
• 1882 Cal. LEXIS 427

Syllabus

<p>Promissory Note—Mortgage—Failure oe Consideration—Sale of Land —Fraud—Mistake in Quantity.—In an action to foreclose a mortgage for the purchase money of land sold and conveyed to the mortgagor by the mortgagee, the defendant set up in his answer, and on the trial in effect offered to prove false and fraudulent misrepresentations as to the boundaries and quantity of land sold, a partial failure of title and an offer to rescind; but did not offer to prove eviction. Held, that the evidence was rightly excluded. (McKee, dissenting).</p> <p>Mortgage—Attorney's Fee—Foreclosure.—The mortgage foreclosed provided for “counsel fees and changes of attorneys, and counsel employed in such foreclosure suit not exceeding-.” Held, counsel fees were properly allowed.</p>