Green v. Thornton
California Court of Appeal
APPEAL from a judgment of the Superior Court of San Mateo County, and from an order denying a new trial. A. L. Rhodes, Judge presiding. The facts are stated in the opinion of the court. Drown, Leicester & Drown, and D. M. Delmas, for Appellant.
1Opinion of the CourtKerrigan, J.
The complaint is in two counts, the first of which avers that on August 17, 1872, plaintiff’s intestate, Benjamin S. Green, was, and had been, in the actual and exclusive possession of the lands in controversy for many years; that on that day he was indebted to the defendant, and, for the purpose of securing the payment of present and future debts, he executed to defendant a conveyance which, though in form a deed absolute, was in reality a mortgage. It further alleges that on January 30, 1895, defendant, claiming to be the owner of said lands by virtue of said deed, entered into and has ever…
2Cases cited22 opinions
- Railroad Co. v. Manufacturing Co.Supreme Court of the United States · 1873
- Grattan v. WigginsCalifornia Supreme Court · 1863
- Spect v. SpectCalifornia Supreme Court · 1891
- Burns v. HiattCalifornia Supreme Court · 1906
- Nev. Cty. & Sacramento Canal Co. v. KiddCalifornia Supreme Court · 1869
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3Cited by4 opinions
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