Legal Opinion

Benson v. Bunting

California Supreme Court

Decided December 29, 1903No. S.F. No. 2845PublishedCited by 10 opinions

APPEAL from a judgment of the Superior Court of the City and County of San Francisco and from an order denying a new trial. J. M. Seawell, Judge. The main facts are stated in the opinion of the court, rendered upon the former appeal, in 127 Cal. 532. Further facts are stated in the opinion of the court upon the present appeal.

1Opinion of the Court

McFARLAND, J.—

This is an action to redeem certain real property from a sale made to defendant on the foreclosure of a mortgage. Judgment went for plaintiffs, and defendant appeals from the judgment and from an order denying his motion for a new trial.

The ease was here once before', and is reported in Benson v. Bunting, 127 Cal. 532 ; 1 and as the nature of the action is quite fully stated in the opinion rendered on the former appeal, there is no necessity for a general statement of it here. That appeal was from a judgment in favor of defendant following the sustaining of a demurrer to the…

2Cases cited4 opinions

  1. Mahoney v. BostwickCalifornia Supreme Court · 1892
  2. Benson v. BuntingCalifornia Supreme Court · 1900
  3. Ryan v. AltschulCalifornia Supreme Court · 1894
  4. Malone v. RoyCalifornia Supreme Court · 1895

3Cited by10 opinions

  1. System Investment Corp. v. Union BankCalifornia Court of Appeal · 1971
  2. Webb v. VercoeCalifornia Supreme Court · 1927
  3. Patterson v. MisslerCalifornia Court of Appeal · 1965
  4. Sullivan v. WellbornCalifornia Supreme Court · 1948
  5. Bunting v. HaskellCalifornia Supreme Court · 1907

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