Legal Opinion

Hickox v. Lowe

California Supreme Court

Decided July 1, 1858PublishedCited by 14 opinions

Appeal from the District Court of the Fourteenth Judicial District, County of ¡Nevada. On the twentieth day of December, a. d. 1856, the plaintiff executed and delivered to the defendant, Lowe, the following conveyance: “ Know all men by these presents, that I, J. H. Hiekox, of Downieville, Sierra county, State of California, of the first part, for and in consideration of the sum of four thousand five hundred dollars, ($4500,) lawful money of the United States, to me in hand…

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Appeal from the District Court of the Fourteenth Judicial District, County of ¡Nevada. On the twentieth day of December, a. d. 1856, the plaintiff executed and delivered to the defendant, Lowe, the following conveyance: “ Know all men by these presents, that I, J. H. Hiekox, of Downieville, Sierra county, State of California, of the first part, for and in consideration of the sum of four thousand five hundred dollars, ($4500,) lawful money of the United States, to me in hand paid by the party of the second part hereinafter named, the receipt whereof is hereby acknowledged, have granted,…

1Opinion of the Court

Field J., delivered the opinion of the Court

2ConcurrenceTerry, C. J.

The principal question to be considered, for the determination of the appeal in this case, is whether the conveyance from Hick-ox to Lowe, and the agreement to re-convey, executed by Lowe to Hickox, taken together, constitute a mortgage. The appellant insists that the two instruments show a conditional sale, and the respondent that they constitute a mortgage. Both instruments refer to the same property, hear date the same day, are executed before the same witnesses, and are acknowledged-before the same officer, and were filed for record together.…

3Cases cited5 opinions

  1. Kelleran v. BrownMassachusetts Supreme Judicial Court · 1808
  2. Colwell v. WoodsSupreme Court of Pennsylvania · 1834
  3. Kerr v. GilmoreSupreme Court of Pennsylvania · 1837
  4. Bright v. WagleCourt of Appeals of Kentucky · 1835
  5. Brown v. DeweyNew York Court of Chancery · 1843

4Cited by14 opinions

  1. Millard v. HathawayCalifornia Supreme Court · 1865
  2. Fort v. ColbySupreme Court of Iowa · 1913
  3. Lawrence v. DuBoisWest Virginia Supreme Court · 1880
  4. O'Briant v. . LeeSupreme Court of North Carolina · 1939
  5. Bickel v. WessingerOregon Supreme Court · 1911

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