Marks v. Sayward
California Supreme Court
Appeal from the District Court,--Judicial District, City and County of San Francisco. The record does not show from what District the appeal was taken.
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Appeal from the District Court,--Judicial District, City and County of San Francisco. The record does not show from what District the appeal was taken. The complaint averred that, on the 26th day of January, 1870, Edward Savannah and William E. Whitney were indebted to Isaac Levy in the sum of $3750, in gold coin, and that they gave Levy their promissory note for the same; and, to secure the note, gave Levy a mortgage on certain real estate in Contra Costa County; that Levy, on the 1st day of February, 1871, assigned the notes and mortgage to the defendant, who, on the 20th day of February,…
1Opinion of the Court
By the Court, Rhodes, J.:
The pleadings admit the assignment by the defendant to Fonda, and by the latter to the plaintiff, of one-half of the debt secured by the mortgage, the foreclosure of the mortgage, and the payment of the whole mortgage debt to the defendant. The defenses are that the assignments were made without consideration; that the assignment to Fonda was procured by fraud; that the assignment by Fonda to the plaintiff was made with the intent to defraud the defendant; and that at the time of the assignments, Fonda was and still is indebted to the defendant in an amount exceeding…
2Cited by5 opinions
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