Legal Opinion

Russell v. Findley

California Supreme Court

Decided November 29, 1898No. Sac. No. 431PublishedCited by 2 opinions

APPEAL from a judgment of the Superior Court of Calaveras County. C. Y. Gottschalk, Judge. The facts axe stated in the opinion.

1Opinion of the Court

CHIPMAN, C.

Foreclosure of mortgage on real estate. The mortgage contained the following provision: “In any action which may be brought to foreclose this mortgage, the said party of the second part shall recover in said gold coin not only all moneys which may be due on said note, but also any and all sums paid for taxes and assessments, or encumbrances, or insurance, with interest thereon as aforesaid, and also counsel fees, at the rate of ten per cent upon the amount due, and all costs and charges attending the foreclosure, including such sums as may have been paid for searching the title of…

2Cases cited4 opinions

  1. Clemens v. LuceCalifornia Supreme Court · 1894
  2. Irvine v. PerryCalifornia Supreme Court · 1897
  3. O'Neal v. HartCalifornia Supreme Court · 1897
  4. Lee v. McCarthyCalifornia Supreme Court · 1894

3Cited by2 opinions

  1. County Bank v. GoldtreeCalifornia Supreme Court · 1900
  2. Orange Growers' Bank v. DuncanCalifornia Supreme Court · 1901

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