Mitchell v. Steelman
California Supreme Court
Appeal from the Superior Court of the City of San Francisco. The defendant Steelman, on the twelfth day of .June, one thousand eight hundred and fifty-four, executed to William B. Swain his promissory note for one thousand two hundred and fifty dollars, and, to secure the payment of the same, executed to Swain a mortgage, upon the schooner Falmouth.
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Appeal from the Superior Court of the City of San Francisco. The defendant Steelman, on the twelfth day of .June, one thousand eight hundred and fifty-four, executed to William B. Swain his promissory note for one thousand two hundred and fifty dollars, and, to secure the payment of the same, executed to Swain a mortgage, upon the schooner Falmouth. The mortgage was duly recorded in the records of mortgages, in the custom-house, at San Francisco, and the note and mortgage were afterwards, on the thirtieth day of April, one thousand eight hundro'd and fifty-five, assigned by Swain to the…
1Opinion of the Court
Burnett, J., after stating the facts, delivered the opinion of the Court—Terry, C. J., concurring.
The complaint alleges the execution of the note and mortgage, hoth of which are set out in full, and also the recording of the mortgage. There is no allegation in the complaint, that the vessel, (except a recital of that fact in the copy of the mortgage) had been enrolled, and the only allegation in reference to the defendant Lawrence was this : “ And plaintiff further avers that defendant Lawrence has purchased the said brig, subject to the lien of said mortgage, and now holds the same.”
It is…
2Cases cited2 opinions
- Mayor of New York v. MilnSupreme Court of the United States · 1837
- Ritchie v. MauroSupreme Court of the United States · 1829
3Cited by8 opinions
- Tolbert v. HortonSupreme Court of Minnesota · 1884
- Dexter Horton & Co. v. LongWashington Supreme Court · 1891
- Atlas Imperial Diesel Engine Co. v. CriscuoloCalifornia Court of Appeal · 1939
- People v. RaymondCalifornia Supreme Court · 1868
- Lawrence v. . HodgesSupreme Court of North Carolina · 1885
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