Wolfe v. Titus

Citations

• 124 Cal. 264
• 56 P. 1042
• 1899 Cal. LEXIS 982

Syllabus

<p>Equity—Pleading — Insufficient Complaint.—A complaint seeking equitable relief is insufficient, if it does not state facts showing ■' the existence of a right to enforce, or a wrong to redress, as . distinguished from mere epithets, however profuse or vehement, • ,and does not show that the plaintiff has been damaged, or shows that he is seeking equity without. doing equity.</p> <p>Id.—Cancellation of Instruments—Injunction—Compelling Conveyance—Complaint without Equity.—A complaint seeking to cancel a' note and mortgage, and to enjoin its pending foreclosure, and •. for equitable relief against the foreclosure of prior mortgages, , and to compel a conveyance of title obtained thereunder, which shows that the mortgagee agreed to use the money to buy in the property under the prior foreclosure for plaintiff’s benefit, but avers that he fraudulently conspired with another defendant to buy in the prior mortgages before the decree, and to' obtain title under foreclosure thereof, which was obtained at an expenditure of one thousand dollars less than the face of the note and mortgage given him, but does not aver any payment or offer . of payment of the money actually advanced, does not show any ground for equitable relief, or state facts sufficient to constitute a cause of action.</p> <p>Id.—ILelief in Pending Action.—If the plaintiff is entitled to any relief growing out of the transactions set forth in the complaint, such relief may he amply afforded in the pending action to foreclose the mortgage sought to be canceled; and he cannot institute another action to enjoin further proceedings in that action, hut is bound to seek any relief to which he may be entitled, either by answer, or by cross-complaint in the foreclosure action.</p>