Meyer v. Mowry

Citations

• 34 Cal. 514

Syllabus

<p>Hew Trial—Grounds of Motion for.—A new trial, which was demanded on the grounds of newly discovered evidence, which was cumulative, and that the findings of the Court were not supported by the evidence, which was conflicting, was properly refused.</p> <p>Judgment in Action to compel a Conveyance.—In an action to compel the conveyance by defendant to plaintiff of certain lands, it was admitted by the pleadings that defendant held the title to the property described as security, only, for the payment of a debt contracted to be paid by plaintiff to defendant; and the only material issue made whs whether the debt had been paid or not—the complaint alleging such payment and praying that defendant be required to convey the property to plaintiff, while the answer traversed said allegation, and for affirmative relief prayed judgment that said debt bo declared a lien on said ' property, and that plaintiff’s bill be denied until such payment be made. On the trial the Court found said issue as to payment for the defendant, and adjudged the defendant to hold a lien on said property to secure the payment of said debt; and, by its judgment, directed a sale of the property and a satisfaction of the debt, the costs of sale and defendant’s costs of suit, from the proceeds of said sale : held, that this judgment was beyond and foreign to the relief demanded in said answer, and erroneous; further, that the proper judgment in such case would be that plaintiff be adjudged—within a reasonable time, specified—to pay said debt, and that on said payment or tender thereof made, the defendant to convey said land to plaintiff, and that on failure of plaintiff to make said payment or tender, his bill to be dismissed with costs.</p>