77 Cal. 345 | Cal. | 1888
This is an action against the defendants, Dudley Shepardson and Minnie Shepardson, his wife, to recover upon two notes executed by them to the plaintiff, and to foreclose two mortgages given to secure the same. T. I. Talbot was made a defendant, he being a subsequent encumbrancer. There was a separate demqrrer by Talbot to the complaint, which was overruled, and judgment and decree entered against the defendants, Talbot making no defense. Talbot alone appeals from the judgment.
The appellant presents but one point in his brief. He claims that his demurrer should have been sustained on the ground that it appeared on the face of the complaint
. Searls, C. J., Sharpstein, J., Thornton, J., Paterson, J., and McFarland, J., concurred.