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De Peralta v. Simon

Supreme Court of California
Jul 1, 1855
5 Cal. 313 (Cal. 1855)

Opinion

         Appeal from the District Court of the Tenth Judicial District, Santa Clara County.

         COUNSEL:

         In support of the appeal, cited Story's Eq. Pl. § 72; Brinkerhoff v. Brown, 6 Johnson's Ch. 139; Mitf. Ch. Pl. 209; Ward v. The Duke of Northumberland, 2 Anst. 469; King v. Berry's Ex 2 Gr. Ch. 52; Caldwell v. Jagart, 4 Peters, 190; Mechanics' Bank v. Seaton, 1 Pet. 306.

         Wallace & Ryland, for Appellants.

          Peter O. Minor & L. Archer, for Respondents, cited no authorities.


         JUDGES: Heydenfeldt, J., delivered the opinion of the Court. Murray, C. J., and Bryan, J., concurred.

         OPINION

          HEYDENFELDT, Judge

         The complainant states in her bill, that she joined her husband in a conveyance to Eugene G. de Gaston, and in another, by way of mortgage, to the defendants, Yates and Mathews.

         There was then no reason for making these persons parties to the suit. Their presence was unnecessary to determine any of the rights which the complainant sought. Her object was to remove the cloud upon her property, created by her husband's deed to Simon; and the latter, therefore, and those claiming under him, were alone necessary for the complete adjudication of the questions raised by the allegations of the bill.

         The demurrer was properly sustained for an improper joinder of parties, and the judgment is affirmed.


Summaries of

De Peralta v. Simon

Supreme Court of California
Jul 1, 1855
5 Cal. 313 (Cal. 1855)
Case details for

De Peralta v. Simon

Case Details

Full title:Paula Sepulpeda de Peralta, Appellant, v. Claude Simon&others, Respondents

Court:Supreme Court of California

Date published: Jul 1, 1855

Citations

5 Cal. 313 (Cal. 1855)

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