Hibernia Savings & Loan Society v. Ordway

Citations

• 38 Cal. 679

Syllabus

<p>Appeal—Right op.—Parties have no right to appeal from judgments which do not affect their rights.</p> <p>Hisjoindeu of Causes of Action, and of Pabties.—In an action to foreclose a mortgage, can the titles held by parties claiming under the mortgagor, obtained prior to the dato of the mortgage, he litigated? Quere ?</p> <p>Idem.—Unless the objection of a misjoinder of parties or causes of action is taken by demurrer, it is considered waived.</p> <p>Idem.—And if a demurrer on these grounds has been interposed, hut not prosecuted, and he overruled by the Court below, because it was not prosecuted, the objection will be held to be waived.</p> <p>Complaint to Remove a Cloud upon Title.-—In an action to remove a cloud upon title, the facts which show the apparent validity of the instrument which is said to constitute the cloud, and also the facts showing its invalidity, should bo stated in the complaint.</p> <p>Idem. —But when the instrument which constitutes the cloud is a tax deed, which, under the statutes of this State, is declared to he prima facie evidence of title, the name of the instrument is sufficient for the purpose of showing an apparent validity.</p> <p>Complaint—Sufficiency or.—The Court will not reverse a judgment on the ground that the complaint does not state the facts quito so fully as it ought. If no demurrer has been interposed, there must appear to he an entire want of mar terial facts to justify the disturbing of the judgment.</p> <p>Couet of Equity.—Pbactice of in Setting aside a Tax Deed.—When the tax is valid, hut the sale irregular, equity will not cancel the tax deed at the suit of the owner of the land, without a tender of the taxes to the purchaser.</p> <p>Idem.—-Blit where the purchaser of the tax title has made the purchase by collusion with the owner, with the view of defrauding a mortgage creditor of the owner, a tender of the amount of the taxes is not necessary.</p>