De Flores v. Santa Cruz

Citations

• 86 Cal. 191
• 24 P. 1026
• 1890 Cal. LEXIS 1000

Syllabus

<p>Cancellation of Deed — Duress — Pleading — Execution of Deed — Appeal — Objection for First Time. — In an action to set aside a deed on the ground that it had been procured by duress, where it appears that a demurrer to the complaint was overruled by consent, and that an allegation in the complaint as to the execution of the deed is made certain by the answer, which alleges its execution and denies the duress, it cannot be objected for the first time on appeal that the complaint does not sufficiently allege that the deed was executed.</p>