Siter v. Jewett

Citations

• 33 Cal. 92

Syllabus

<p>Redemption from Mortgage Sale.—A second mortgagee, who is not made a party defendant in an action foreclosing the first mortgage, is barred of the right of redeeming from a sale made under the foreclosure, unless he commences his action to redeem within four years from the time his right of action accrues on his debt.</p> <p>Plaintiff’s Proof.—The burden is cast on the plaintiff of proving every material allegation in the complaint which is denied in the answer.</p> <p>Averments of Evidence in Complaint.—Averments in the complaint of the facts constituting a deraignmont of title, are but averments of evidence, and are not admitted by a failure to deny them in the answer.</p> <p>Denial of Averments in Complaint.—If the complaint contains averments of the facts constituting a deraignment of title in a certain manner, and the answer contains a counter averment that the title was derived in á different manner, this counter averment is a denial, if it is alleged that the facts are not otherwise than averred in the counter statement.</p> <p>Answer containing Separate Defences.—If the answer contains several defences stated separately, an admission made in one answer, for the purpose of pleading a separate defence, does not destroy the effect of a denial of the matter thus admitted in another answer.</p> <p>Judgment in Favor of One of Several Defendants.—If several are made defendants in a foreclosure suit, and only one answers, and the others make default, and the case is tried as to the one answering, and the complaint is dismissed as to Mm, the fact that the plaintiff is entitled to judgment against the defaulters is no reason why the appellate Court should reverse the judgment.</p>