Goodwin v. Rickabaugh
California Supreme Court Mar 2, 1883 No. No. 7751Published
Synopsis
Foreclosure of Mortgage—Judgment not to Include Taxes.— In an action to foreclose a mortgage plaintiff cannot have the judgment include taxes he has paid on the mortgaged property unless his complaint contains appropriate averments.
Foreclosure of Mortgage.—Tender by a Defendant in an Action to foreclose a mortgage needs to be of a sum no greater than the complaint expressly calls for.
By the COURT. The plaintiff could not have recovered for taxes without proper allegations relating thereto. Therefore the tender, being for the full amount his complaint entitled him to, was good.
Judgment affirmed.
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