Smith v. Smith

Citations

• 88 Cal. 572
• 26 P. 356
• 1891 Cal. LEXIS 735

Syllabus

<p>Venue of Action — Declaring Deed a Mortgage — Reconveyance of Real and Personal Property — Accounting — Residence of Defendant — Change of Place of Trial. — An action to declare a conveyance, absolute upon its face, a mortgage, to compel a reconveyance of the real and personal property included therein, and for an accounting and personal judgment thereon, must be tried in the county in which the defendant resides, and he is entitled to have the place of trial changed to such county, although a portion of the property sought to be reconveyed, and in respect to which the accounting is sought, is land situated in the county in which the suit was brought.</p> <p>Id. —Joinder of Real and Personal Actions — Construction of Code. — An action must be wholly local in its nature, under the terms of section 392 of the Code of Civil Procedure, to entitle it to be tried in a county other than that of the residence of the defendant; and if real and personal actions are joined in the same complaint, the case falls within section 395 of the same code, and must be tried in the county of the residence of the defendant.</p> <p>Id. — Accounting—Equity—Personal Action.—An action for an accounting is a proceeding in equity, and is essentially a personal action.</p>