Legal Opinion

San Jose Safe Deposit Bank v. Bank of Madera

California Supreme Court

Decided September 2, 1904No. Sac. No. 1061PublishedCited by 5 opinions

The facts are stated in the opinion of the court. M. K. Harris, S. L. Strother, and Robert L. Hargrove, for Appellants.

1Opinion of the CourtMcFARLAND, J.

This is an action to foreclose what plaintiff designates as an “equitable mortgage,and judgment went for plaintiff as prayed for. The defendant the Bank of Madera appeals from the judgment and from an order denying its motion for a new trial; and the defendants Charles A. Dworack and Mary Dworack appeal from the judgment.

Under our views of the case it is not necessary to state the facts with much detail or to consider all the points made by appellants. The facts material for the purposes of this decision are these: On March 4, 1893, defendant Charles Dworack, being the owner of the land here…

2Cases cited1 opinion

  1. Newhall v. Sherman, Clay & Co.California Supreme Court · 1899

3Cited by5 opinions

  1. Beal v. United Properties Co.California Court of Appeal · 1920
  2. Berkin v. HealyMontana Supreme Court · 1916
  3. Sanford v. BerginCalifornia Supreme Court · 1909
  4. San Jose Safe Deposit Bank of Sav. v. Bank of MaderaCalifornia Supreme Court · 1909
  5. Lilly-Brackett Co. v. SonnemannCalifornia Supreme Court · 1910

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