Hutchings v. Ebeler
California Supreme Court
Appeal from the District Court of the Fifth Judicial District, Tuolumne County This was an action to enjoin the defendant from taking possession of certain land to which he claimed title under a decree foseclosing a mortgage.
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Appeal from the District Court of the Fifth Judicial District, Tuolumne County This was an action to enjoin the defendant from taking possession of certain land to which he claimed title under a decree foseclosing a mortgage. The complaint alleges that in July, 1869, the premises in suit—unsurveyed, land of the United States—were quitclaimed by one Baldwin to the defendant, Ebeler; that in August of that year the plaintiff gave his promissory note to the defendant for a sum of money; that in April, 1871, the plaintiff, being in possession of the land, entered it as a homestead under the laws…
1Opinion of the Court
By the Court:
The default of this plaintiff in the foreclosure suit brought by Ebeler, was an admission of all the material facts averred by the plaintiff in that case, and authorized the Court to render any decree in acordance with those admitted facts. It was sought by that suit to foreclose the mortgage as against the present plaintiff, and procure an order of sale of the mortgaged property to satisfy the amount due upon his note. The decree ordered a sale of the right, title, and interest of this plaintiff (then defendant) in the mortgaged premises, and this relief was properly awarded.…
2Cited by9 opinions
- Horton v. HortonCalifornia Supreme Court · 1941
- Strong v. ShattoCalifornia Supreme Court · 1927
- Harvey v. GriffithsCalifornia Court of Appeal · 1933
- Madison v. Octave Oil Co.California Supreme Court · 1908
- Weese v. BarkerSupreme Court of Colorado · 1883
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