Grant v. White (1880) · DecisionDepot

Grant v. White

Name: California Superior Court Tentative Rulings
Creator: DecisionDepot
License: https://creativecommons.org/licenses/by-nc/4.0/

California Supreme Court Jul 1, 1880 No. No. 6,843Published

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Holding. The court affirmed the default judgment against Sarah L. White, finding no evidence of unauthorized representation, fraud, or professional misconduct regarding the mortgage execution.

Issues

Whether there were grounds to set aside the defendant's default.
Whether the defendant's counsel was authorized to represent her.
Whether fraud or imposition occurred during the mortgage execution.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“We are of opinion that no ground appears for setting aside the default of the defendant Sarah L. White.”

“We do not see that fraud or imposition was practiced upon her at the time of the execution of the mortgage, and we are of opinion that there was nothing improper in the professional conduct of Mr. Venable.”

Synopsis

Default—Attorney and Client—Married Women.

The Court : We are of opinion that no ground appears for setting aside the default of the defendant Sarah L. White. It does not appear but that Mr. Venable was authorized to represent her. We do not see that fraud or imposition was practiced upon her at the time of the execution of the mortgage, and we are of opinion that there was nothing improper in the professional conduct of Mr. Venable. We think the rule regarding the execution of instruments by married women is correctly stated by Mr. J ones in his work on Mortgages, § 538.

Judgment and order affirmed.

Grant v. White

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