Staacke v. Bell

Citations

• 125 Cal. 309
• 57 P. 1012
• 1899 Cal. LEXIS 854

Syllabus

<p>Pleading—Prayer of Complaint—Relief Against Defaulting Defendant.—No relief can be granted against a defaulting defendant in excess of that specifically prayed for in the complaint; and the general prayer for relief cannot enlarge the power of the court to grant relief not prayed for against the defaulting defendant.</p> <p>Id.—Prayer in Answer of Codefendants.—A defaulting defendant has the right to assume that no relief will be granted beyond that which the complaint specifically seeks; and codefendants, whose answer is not served upon the defaulting defendant, cannot, by any prayer for affirmative relief therein, extend the specific relief properly granted, beyond that asked for in the complaint, as against such defaulting defendant.</p> <p>Venue of Real Action—Decree to be Considered.—In determining whether an action is, in effect, a real action, quieting title to land, or enforcing a lien thereon, which must be brought in the county where the land is situated, the court will consider not only the prayer for relief in the complaint and answers, but also the terms of the decree.</p> <p>Id.—Decree as to Effect of Trust Deed—Under the complaint in an action not brought in the county where the lands described in a trust deed were situated, seeking to renew the trust deed and the promissory note by which it was secured, so as not to affect the rights of the parties to a prior action pending in the county where the lands were situated, brought to enforce a trust in favor of other parties against the trustor, who were made defendants to the new action, and under answers of the creditor and trustees named in the trust deed, seeking to protect the trust deed as a paramount conveyance and lien, a decree adjudging that the original trust deed is a first charge on the lands, and is and shall remain prior and superior to any claim, charge, or lien to or on said lands in favor of the other parties, cannot be rendered. Such relief can only be had in an action brought where