Pfister v. Dascey

Citations

• 65 Cal. 403
• 4 P. 393
• 1884 Cal. LEXIS 573

Syllabus

<p>Pleading—Misjoindeb oe Causes oe Action.—Where a purchaser of real estate at an execution sale brought an action to set aside certain conveyances alleged to have been made by the judgment debtor in fraud of creditors and purchasers, and to recover possession of the property, held, that there was no misjoinder of causes of action.</p> <p>Id.—Misjoindeb oe Parties.—And where it was also sought in the same action to have an adverse claim determined, and the defendants against whom such relief was demanded disclaimed all interest in the property, and the disclaimer was accepted by the plaintiff and acted upon by the court, held, that the judgment should not be reversed by reason of the misjoinder.</p> <p>Id.—Assignee in Insolvency.—In an action by a purchaser at an execution sale, to set aside a conveyance alleged to have been made by the judgment-debtor in fraud of creditors and purchasers, and to recover possession of the property, the assignee in insolvency of the judgment debtor is a proper party defendant.</p> <p>Id.—Pleading—Adverse Claim.—In an action to determine an adverse claim to land, an allegation that the plaintiff is informed and believes that the defendant claims some interest in the land, is insufficient.</p> <p>Jury Trial—Waiver. —If the parties to an action go to trial without demanding a jury, the right to a jury trial is waived.</p>