Bank of Shasta v. Boyd

Citations

• 99 Cal. 604
• 34 P. 337
• 1893 Cal. LEXIS 723

Syllabus

<p>Mortgage—Capacity of Corporation—Estoppel of Mortgagor.—A mortgagor of property who has dealt with the mortgagee as a corporation, and received from it the consideration of the mortgage note, is estopped from denying its corporate capacity in an action by the corporation to foreclose the mortgage.</p> <p>Ib. — Statute of Limitations—Striking Out of Sham Plea.—A plea of the statute of limitations in an unverified answer to a complaint of foreclosure of a mortgage is properly stricken out as sham, where it appears from the copies of the note and mortgage set out in the complaint that the action was commenced within four years after the maturity of the note.</p> <p>Id. — Ownership of Note Executed to Plaintiff—Immaterial Issue.—It is not necessary, in an action to foreclose a mortgage where the note secured appears to have been made to the plaintiff and not assigned to it, to allege that the plaintiff is the owner of the note. Such an allegation tenders no material issue, and a denial of it in the answer is irrelevant.</p> <p>Id. — Unverified Complaint—General Denial—Issue as to Non-payment.— Where an unverified complaint in an action to foreclose a mortgage alleges that neither the interest nor the principal of the note has been paid, an answer containing a general denial puts in issue every material allegation of the complaint and raises a material issue as to payment, under the allegation of non-payment, and it is error for the court to strike out the answer.</p>