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Smith v. Smith

Supreme Court of California
Sep 26, 1889
80 Cal. 323 (Cal. 1889)

Summary

In Smith v. Smith, 80 Cal. 323, it was held that an affirmative defense that the deed relied on by plaintiff was a mortgage is covered by a denial of the plaintiff's allegation of ownership, and therefore that it was not an equitable defense which the parties could require to be first disposed of.

Summary of this case from Locke v. Moulton

Opinion


80 Cal. 323 22 P. 186 C. C. SMITH, Appellant, v. E. H. SMITH, Respondent No. 12955 Supreme Court of California September 26, 1889

         80 Cal. 323 at 330.

         Original Opinion of September 3, 1889, Reported at 80 Cal. 323.

         OPINION

THE COURT 330 A second petition for rehearing having been filed, the following opinion was rendered thereon on the 26th of September, 1889:

         The Court.

         A rehearing herein is denied, but the former judgment of this court is modified so far as to reverse the judgment of the superior court as to the costs taxed therein, leaving said costs to abide the ultimate determination of the action.


Summaries of

Smith v. Smith

Supreme Court of California
Sep 26, 1889
80 Cal. 323 (Cal. 1889)

In Smith v. Smith, 80 Cal. 323, it was held that an affirmative defense that the deed relied on by plaintiff was a mortgage is covered by a denial of the plaintiff's allegation of ownership, and therefore that it was not an equitable defense which the parties could require to be first disposed of.

Summary of this case from Locke v. Moulton
Case details for

Smith v. Smith

Case Details

Full title:C. C. SMITH, Appellant, v. E. H. SMITH, Respondent

Court:Supreme Court of California

Date published: Sep 26, 1889

Citations

80 Cal. 323 (Cal. 1889)
22 P. 186

Citing Cases

Wenzel v. Schultz

That the deed was a mortgage could be shown under the issue as to the ultimate fact of the ownership of the…

Locke v. Moulton

         The court erred in denying the defendants a jury trial. (Locke v. Moulton , 96 Cal. 32; Smith v.…