Kreichbaum v. Melton
California Supreme Court
Appeal from the District Court, Seventh Judicial District, County of Sonoma. On the 21st day of February, 1865, Prudent Commary and Julia A. Commary were living on lots one and two of the southwest quarter of section seven, township eight, north of range eight west, Mount Diablo meridian, county of Sonoma, and executed to William Melton a mortgage on the same, to secure the payment of a promissory note.
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Appeal from the District Court, Seventh Judicial District, County of Sonoma. On the 21st day of February, 1865, Prudent Commary and Julia A. Commary were living on lots one and two of the southwest quarter of section seven, township eight, north of range eight west, Mount Diablo meridian, county of Sonoma, and executed to William Melton a mortgage on the same, to secure the payment of a promissory note. They had valuable improvements on the land; and about the 22d of March, 1868, conveyed the same to J. G. Kreichbaum, for a valuable consideration, and let him into possession. Kreichbaum, on…
1Opinion of the Court
By the Court, Rhodes, J. :
It is claimed by the defendants that the matters now sought to be litigated were determined in the foreclosure suit of Melton v. Commary, and that the determination was *54adverse to the plaintiffs in this action. The complaint in that action was in the usual form, and it contained an allegation that Kreichbaum had purchased the mortgaged premises from the mortgagor after the execution of the mortgage, and that, as a part of the consideration for such purchase, he promised to pay to Melton the mortgage debt. Kreichbaum and wife interposed a general denial, and also…
2Cases cited1 opinion
- Goodenow v. EwerCalifornia Supreme Court · 1860
3Cited by12 opinions
- Winter v. McMillanCalifornia Supreme Court · 1890
- Loup v. California Southern RailroadCalifornia Supreme Court · 1883
- Coulthurst v. CoulthurstCalifornia Supreme Court · 1881
- Bacon v. RiceIdaho Supreme Court · 1908
- Asamen v. ThompsonCalifornia Court of Appeal · 1942
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