Orr v. Stewart

Belcher, C. C.

In January, 1870, the defendant Stewart made a homestead entry in the proper United States land office upon 160 acres of public land in Siskiyou County, under the provisions of the Homestead Act of 1862. In December, 1875, he mortgaged the land with its appurtenances, to the plaintiff Orr, to secure the payment of his promissory note for $2,000. The mortgage was made in the form given in section 2948 of the Civil Code. In December, 1880, Orr commeñced an action to *276foreclose his mortgage, and on the 7th of February following, after a trial, obtained judgment for $4,106, and…