Aldrich v. Stephens
California Supreme Court
Appeal from the District Court, Fourteenth Judicial District, County of Placer. This was an action to obtain relief on account of a defective foreclosure of a mortgage.
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Appeal from the District Court, Fourteenth Judicial District, County of Placer. This was an action to obtain relief on account of a defective foreclosure of a mortgage. The plaintiff averred in his complaint, that on the 14th day of August, 1872, the defendant, George H. Stephens, gave him his promissory note for $6,848 40, with interest, and to secure the same, gave him a mortgage on a lot of land in Auburn, Placer county, and that on the 8th day of April, 1872, said Stephens, in consideration of one dollar, conveyed the lot to Ann Karnes, at that time a resident of Chicago, Illinois; that…
1Opinion of the Court
By the Court, Wallace, C. J.:
Intermediate the execution of the mortgage by Stephens and the commencement of proceedings for its foreclosure, Mrs. Karnes became the owner of the mortgaged premises by conveyance from the mortgagor. She was named as a party defendant in the complaint in foreclosure; but before the entry of the decree, she departed this life without having appeared or been served with process in the action. A decree was subsequently entered against the mortgagor only. The present action is brought by the plaintiff in the former action against Stephens, the mortgagor, and also…
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