Randall v. Buffington
California Supreme Court
Appeal from the District Court of the Fifth Judicial District, County of San Joaquin. The complaint alleges that on the thirteenth day of February, 1857, the defendants executed to George E. Drew a mortgage on their homestead, to secure the payment of a promissory note of $1000, payable in six months after date, with interest at the rate of two and one-half per cent, a month; that on the seventeenth of October, 1857, and for eighteen months previous, the defendant J. M.…
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Appeal from the District Court of the Fifth Judicial District, County of San Joaquin. The complaint alleges that on the thirteenth day of February, 1857, the defendants executed to George E. Drew a mortgage on their homestead, to secure the payment of a promissory note of $1000, payable in six months after date, with interest at the rate of two and one-half per cent, a month; that on the seventeenth of October, 1857, and for eighteen months previous, the defendant J. M. Buffington was doing business as a grocer, and on and before this last day he was insolvent, and on that day he was owing…
1ConcurrenceBaldwin, J.
It appears, from the record, that in February, 1857, the defendant, J. M. Buffington, was in business as a grocer; that whilst so in business, he became indebted to Drew in the sum of a thousand dollars, which he secured by a mortgage on his homestead; that on the thirteenth of October following, attachments for sums, amounting in the aggregate to over eleven thousand dollars, were issued in suits against him; that, after several of these attachments had been levied on his store, he took the money which he had and paid off the debt to Drew, which was then past due, and thus satisfied the…
2Cases cited2 opinions
- Dana v. StanfordsCalifornia Supreme Court · 1858
- Riddell v. ShirleyCalifornia Supreme Court · 1855
3Cited by20 opinions
- First Nat. Bank v. GlassCourt of Appeals for the Eighth Circuit · 1897
- Jacoby v. Parkland Distilling Co.Supreme Court of Minnesota · 1889
- Blair v. SmithIndiana Supreme Court · 1888
- Crawford v. SternbergCourt of Appeals for the Eighth Circuit · 1915
- In Re DudleyDistrict Court, S.D. California · 1947
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