McMillan v. Hayward
California Supreme Court
Appeal from a judgment of the Superior Court of the city aud county of San Francisco. The facts are stated in the opinion.
1Opinion of the Court
Temple, C.
Defendants appeal from the judgment against them within sixty days; and the point made here is, that the finding to the effect that the cause of action was not barred by the statute of limitations is not sustained by the evidence, and is contrary to the other findings of fact.
It appears that, May 8, 1873, Frank Scherf executed a note secured by mortgage, which became due one year from the date thereof; that the mortgagor died testate, November 15, 1875, and January 11, 1876, his widow was appointed executrix and duly qualified. March 5, 1878, she married again, and her letters…
2Cases cited2 opinions
- Schroeder v. Superior CourtCalifornia Supreme Court · 1886
- Eulert v. PennieCalifornia Supreme Court · 1889
3Cited by11 opinions
- Aguilar v. BocciCalifornia Court of Appeal · 1974
- Barclay v. BlackintonCalifornia Supreme Court · 1899
- Berger v. O'HEARNCalifornia Supreme Court · 1953
- Holman v. Houston Oil Co. of TexasCourt of Appeals of Texas · 1912
- San Francisco Bank v. St. ClairCalifornia Court of Appeal · 1941
6 more not listed; retrieve them via the Exa API.