Newhall v. Hatch

Citations

• 6 Cal. Unrep. 653
• 64 P. 250

Syllabus

<p>Mortgages—Foreclosure—Limitation—Estoppel.—A foreclosure suit was based on the liability specified in the mortgage, and not on a new promise to pay the debt, matte before it became barred by the limitation, and before a judgment lien on the premises was created. A demurrer by the judgment creditor was sustained on the ground that the debt was barred, and, plaintiff declining to amend, judgment dismissing the action was entered, after which the creditor, relying on the allegations of the complaint, purchased the property on execution sale under the judgment, without notice of any renewal. Held, in a subsequent suit to foreclose the mortgage, in which plaintiff relied on a new promise, that he was estopped from maintaining the action.</p>