Godeffroy v. Caldwell
California Supreme Court
Appeal from the Superior Court of San Francisco. The complaint shows that a mortgage was made the 19th July, 1850, of the property described therein, to Lucius Skinner, by W. W. Caldwell, one of the defendants; and that it was assigned by Thomas G. Wells, attorney in fact for Skinner, on the 16th August, 1851, to the respondent, who claimed payment, &c., of the sum due thereon, $5000, with interest from 19th October, 1850. And further shows, that Rodgers, defendant, claims…
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Appeal from the Superior Court of San Francisco. The complaint shows that a mortgage was made the 19th July, 1850, of the property described therein, to Lucius Skinner, by W. W. Caldwell, one of the defendants; and that it was assigned by Thomas G. Wells, attorney in fact for Skinner, on the 16th August, 1851, to the respondent, who claimed payment, &c., of the sum due thereon, $5000, with interest from 19th October, 1850. And further shows, that Rodgers, defendant, claims to have a lien upon, or interest in, the mortgaged premises; which interest or lien accrued subsequent to the lien of the…
1Opinion of the Court
The opinion of the Court was delivered by
Heydeneeldt, Justice.
The mechanics’ lien law provides exclusively for the security of material-men and labourers; and one who advances money as *492a loan, although it is expressly for the payment of materials and labour devoted to the erection of a building, can have no claim to the benefit of the law. The case of the appellant must, therefore, be considered upon its strict equity, aside from any claim to a mechanic’s lien. It is a well settled rule of all courts of equity, that the owner of land who stands by and sees another sell it, without making…
2Cited by25 opinions
- United States v. Georgia-Pacific CompanyCourt of Appeals for the Ninth Circuit · 1970
- McMillan v. RichardsCalifornia Supreme Court · 1858
- Puget Sound State Bank v. GallucciWashington Supreme Court · 1914
- Glassco v. El Sereno Country Club, Inc.California Supreme Court · 1932
- Hastings v. MatlockCalifornia Court of Appeal · 1985
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