Allen v. Allen

Citations

• 95 Cal. 184
• 16 L.R.A. 646
• 30 P. 213
• 1892 Cal. LEXIS 801

Syllabus

<p>Statute of Limitation's — Cause of Action Barred in Another State — Pleading— Construction of Code. — It is not necessary for a defendant who claims that the cause of action is barred by limitation, under section 361 of the Code of Civil Procedure, to set out the facts upon which he relies to show that the cause of action arose in another state, and that under the laws of that state it would be barred by the statute of limitations, but it is sufficient if he states generally that the cause of action is barred by that section. The rule of pleading established by section 458 of the Code of Civil Procedure applies to section 361 of that code.</p> <p>Deed as Security for Loan— Contracts Made out of State — Construction — Conflict of Laws. —In the construction of a deed to land in this state, executed out of the state, as security for the repayment of money advanced, the laws of this,state existing at the time the deed was executed must be read as a, part thereof, and must govern the right to foreclose-and to redeem, although the-contract of loan is to be construed according to the-laws of the state where it was made.</p> <p>Id. —Remedies under Laws of New York — Statute of Limitations— Action, to Redeem—Law of California — Deed Passing Title,— Where such deed and contract of security were executed in the state of New York, between residents of that state, either party could have maintained an action in that state on the contract, the one to enforce the right to redeem, and the other to recover the amount for which the land was held as security; and when the action in that state to recover the debt became barred by the laws of that state, no action to redeem from the security could thereafter be maintained in this state, where it appears that, by the law in force in this state at the time of the execution of the deed, the legal title passed to the grantee by the deed, and the right to redeem was barred whenever the debt to secure which the deed was made became barred