Bank of Woodland v. Oberhaus
California Supreme Court
APPEAL from a judgment of the Superior Court of Yolo County and from an order denying a new trial. W. H. Grant, Judge, The action was for the foreclosure of two mortgages upon property of the defendants situated in Yolo county, executed by the defendants, husband and wife, to the Bank of Woodland, and acknowledged by both of the defendants November 7, 1893, before C. F. Thomas, notary public.
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APPEAL from a judgment of the Superior Court of Yolo County and from an order denying a new trial. W. H. Grant, Judge, The action was for the foreclosure of two mortgages upon property of the defendants situated in Yolo county, executed by the defendants, husband and wife, to the Bank of Woodland, and acknowledged by both of the defendants November 7, 1893, before C. F. Thomas, notary public. The mortgages were made to secure an individual note of the husband; and were renewals of former mortgages executed several years previously by the husband alone. The premises were acquired in 1863, and…
1Opinion of the CourtYaw Dyke, J.
The main contention on the part of the appellant is that the mortgages are invalid on the ground that the acknowledgments, having been taken before the cashier of the plaintiff bank, are void. The court finds that C. F. Thomas, the notary who took the acknowledgments of said mortgages, was the cashier of the plaintiff bank, but that he was not a stockholder in said bank, nor a director thereof, but an appointee of the board of directors and employed by them as such cashier upon a fixed and definite salary. The evidence fully supports this finding, and further shows that he had no interest in…
2Cases cited8 opinions
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- Horbach v. TyrrellNebraska Supreme Court · 1896
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3Cited by9 opinions
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