First National Bank v. Merrill
California Supreme Court
APPEAL from a judgment of the Superior Court of Riverside County. F. E. Densmore, Judge. The facts are stated in the opinion of the court.
1Opinion of the CourtHenshaw, J.
This action was brought by plaintiff as mortgagee to have a deed absolute in form declared to be a mortgage, and to have the mortgage foreclosed against the land of Charles H. Merrill and Mary B. Merrill, defendants and appellants. The facts, over which there is no controversy, are in their chronological order the following: In March, 1909, Charles H. Merrill borrowed five thousand dollars from plaintiff bank to pay for the real estate here the subject of foreclosure. In April of the same year Merrill and his wife executed their deed of grant of this land to the bank. It was, however,…
2Cases cited16 opinions
- Wadleigh v. PhelpsCalifornia Supreme Court · 1906
- Lee v. MurphyCalifornia Supreme Court · 1897
- Merced Bank v. RosenthalCalifornia Supreme Court · 1893
- Ardmore Nat. Bank v. Briggs MacHinery & Supply Co.Supreme Court of Oklahoma · 1908
- Holmes v. WarrenCalifornia Supreme Court · 1904
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3Cited by4 opinions
- Chapman v. HicksCalifornia Court of Appeal · 1919
- Johnston Realty Corp. v. ShowalterCalifornia Court of Appeal · 1926
- Becker v. LindsayCalifornia Supreme Court · 1976
- Corey v. MatotCalifornia Court of Appeal · 1920