Rollins v. Forbes

Citations

• 10 Cal. 299

Syllabus

<p>The averment in the complaint, that the plaintiff is the owner of the note and mortgage in suit, is a sufficient answer to a demurrer, on the ground that it does not appear by the complaint that the plaintiff is the holder of the note.</p> <p>Where a suit was brought to foreclose a mortgage executed by husband and wife to secure a note made by the husband alone, and the complaint prayed for judgment against the husband for the amount of the note and interest, and a decree against both defendants for the sale of the mortgaged premises: Held, there was no misjoinder of actions, and the complaint was not demurrable on that ground.</p> <p>Objections to the prayer of a complaint can not he taken by demurrer. If the specific relief asked can not be granted, such relief as the case stated in the bill authorizes, may be had under the clause in the prayer for general relief, and even in the absence of such clause where an answer is filed.</p> <p>In a foreclosure-suit, judgment may be rendered for the amount found due upon the personal obligation, to secure which the mortgage is executed.</p>