Carr v. Caldwell
California Supreme Court
Appeal fro el the District Court of the Third judicial District, County of Santa Clara. This was a bill in equity, filéd by the plaintiff, for the purpose of obtaining a decree of the Court for the sale of certain premises, inortgaged to the plaintiff by one Thomas D. Vermuíe, who has since died.
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Appeal fro el the District Court of the Third judicial District, County of Santa Clara. This was a bill in equity, filéd by the plaintiff, for the purpose of obtaining a decree of the Court for the sale of certain premises, inortgaged to the plaintiff by one Thomas D. Vermuíe, who has since died. The Court below decreed that the sum df $726 81, a part of the mortgaged debt, with the interest thereon, was a valid and subsisting lien on the mortgaged premises, Superior to any right, title, or claim, held by the said defendants, or either of them, upon said premises, and that said premises be…
1Opinion of the CourtBaldwin, J.
Terry, C. J., and Field, J., concurring.
Carr, the plaintiff below, filed his bill to subject to sale a lot in San José. It seems that one Vermule bought this lot in 1853, of one Gordon, (one Patten holding the title, as trustee,) on credit, giving a mortgage for the purchase-money; in 1854, some $700 were due, after deducting the payments. For this balance Gordon sued Vermule, and obtained a decree of foreclosure and sale. On the day advertised for the sale, and just as it was coming off, Yermule borrowed some money of Carr, a part of which was to be applied to the payment of this decree and…
2Cases cited3 opinions
- Bemus v. QuiggleSupreme Court of Pennsylvania · 1838
- Ritchie, Osgood & Co. v. DavisCalifornia Supreme Court · 1855
- Kauffman v. MyerSupreme Court of Pennsylvania · 1837
3Cited by21 opinions
- Home Savings Bank v. BierstadtIllinois Supreme Court · 1897
- Hicks v. MorrisTexas Supreme Court · 1882
- Shaffer v. McCloskeyCalifornia Supreme Court · 1894
- Nichols v. OverackerSupreme Court of Kansas · 1876
- Roby v. Bismarck National BankNorth Dakota Supreme Court · 1894
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