Palmtag v. Roadhouse

Citations

• 4 Cal. Unrep. 205
• 34 P. 111
• 1893 Cal. LEXIS 1051

Syllabus

<p>Statute of Limitations—Estoppel to Plead.—The fact that a mortgagor was the general attorney of the mortgagee in other matters does not make the position of the mortgagor a fiduciary one, or render it anything but adverse to the mortgagor’s interest, as far as the mortgage is concerned, so as to estop him to set up the statute of limitations to an action of foreclosure.</p> <p>Limitation of Actions—Demurrer.—Under the California Practice, when all the facts that defendant would be required to prove to sustain his plea of the statute of limitations appear on the face of the complaint, defendant may take advantage thereof by demurrer; but, to uphold a demurrer, the complaint must show, not that the cause of action may be barred, but that it is barred.1</p>