Barron v. Kennedy
California Supreme Court
Appeal from the Twelfth District. The facts appear in the opinion of the Court. The complaint was filed Oct. 6th, 1859. The Court below gave plaintiff a decree of foreclosure and for sale of the premises, and application of the * proceeds to his debt, but refused any personal judgment against defendant, and made no provision for judgment for any deficiency after sale of the premises.
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Appeal from the Twelfth District. The facts appear in the opinion of the Court. The complaint was filed Oct. 6th, 1859. The Court below gave plaintiff a decree of foreclosure and for sale of the premises, and application of the * proceeds to his debt, but refused any personal judgment against defendant, and made no provision for judgment for any deficiency after sale of the premises. From this refusal portion of the decree plaintiff appeals; and defendant appeals from the portion ordering foreclosure and sale.
1Opinion of the CourtField, C. J.
Cope, J. concurring.
This is a suit for the foreclosure of a mortgage executed to Bolton by the defendant to secure the latter’s promissory note for $3000. The note bears date on the twenty-first of March, 1854, and is payable twelve months after date, with interest at the rate of three per cent, a month, payable each month in advance. The rate of interest appears to have been subsequently reduced by agreement of the parties to one and a half per cent, a month, and was paid by the defendant up to the first of August, 1859. For the monthly interest of May and June, 1859, checks were inclosed in…
2Cases cited2 opinions
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- Kelly v. LeachmanIdaho Supreme Court · 1893
- Heinlin v. CastroCalifornia Supreme Court · 1863
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