Bacigalupi v. Cadamartori

Citations

• 101 Cal. 671
• 36 P. 398
• 1894 Cal. LEXIS 1097

Syllabus

<p>Foreclosure oj? Mortgage—Fraud— Compromise. —In an action to foreclose a mortgage, where the defendants pleaded fraud in its procurement, by reason of false representations of the plaintiff to the effect that certain mining property conveyed by defendants to plaintiff in trust was vested absolutely in the plaintiff, and that he could not be legally compelled to reconvey it, and alleged that defendants, relying upon these representations, which they believed to be true, executed without consideration the note and mortgage upon which the action was brought, proof that subsequent to the alleged fraud the plaintiff and defendants, by the advice of their attorneys, fairly compromised and settled all matters and disputes between them, and that the note and mortgage sued upon were given in pursuance of this compromise agreement is sufficient to sustain a decision and judgment foreclosing the mortgage.</p>