Hoxie v. Bryant
California Supreme Court
APPEALS from orders of the Superior Court of Los Angeles County refusing to set aside a previous order authorizing the clerk to deliver a note and mortgage to the sheriff, and refusing to set aside a levy and sale by the sheriff, and to recall the writ of execution, and refusing to declare the judgment paid, satisfied, and discharged. D. K. Trask, Judge. The facts are stated in the opinion.
1Opinion of the Court
COOPER, C.
In May, 1894, the defendant was the owner of a promissory note and mortgage made by one Lewis to him for the sum of five hundred dollars. The maker of the note was insolvent, and the lands described in the mortgage were of small value, not to exceed one hundred dollars. Defendant went to plaintiff, and by false representations in regard to the value of the land mortgaged and by taking plaintiff and showing her different lands, representing that he was showing the lands mortgaged, succeeded in selling the note and mortgage to plaintiff for its face value, five hundred dollars. As…
2Cases cited10 opinions
- McBride v. FallonCalifornia Supreme Court · 1884
- Davis v. MitchellCalifornia Supreme Court · 1867
- Donohoe v. GambleCalifornia Supreme Court · 1869
- Dore v. DoughertyCalifornia Supreme Court · 1887
- Nugent v. McCaffreySupreme Court of Louisiana · 1881
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3Cited by14 opinions
- Puissegur v. YarbroughCalifornia Supreme Court · 1946
- Everts v. Will S. Fawcett Co.California Court of Appeal · 1937
- Houghton v. Pacific Southwest Trust & Savings BankCalifornia Court of Appeal · 1931
- Gault v. WiensCalifornia Court of Appeal · 1916
- Phoenix v. KovacevichCalifornia Court of Appeal · 1966
9 more not listed; retrieve them via the Exa API.