Southern Pacific Railroad v. Pixley

Citations

• 103 Cal. 118
• 37 P. 194
• 1894 Cal. LEXIS 734

Syllabus

<p>Jurisdiction or Superior Court—Real Action — Enforcement of Vendor’s Lien—Demurrer.—An action to foreclose a vendor’s lien upon premises contracted to be sold is an action for the enforcement of a lien upon real estate, within the provision of section 5 of article VI of the state constitution, requiring such actions to be brought in the county in which the real estate is situated; and a court in which no part of the property is situated is without jurisdiction of such action, and a demurrer to the complaint, upon the ground that the court has no jurisdiction of the subject matter of the action, should be sustained. Id.—Effect of Cross-complaint.—A cross-complaint in such action is a mere dependency of the original complaint, and it falls with the original where the court* has no jurisdiction of the action.</p>