Gassner v. Patterson
California Supreme Court
Appeal from the District Court, Sixth Judicial District, Sacramento County. The mortgage which Gassner, the appellant, sought to foreclose in this action, was given for the purchase money of the billiard tables. The tables remained in Patterson’s possession until purchased by Timson, when they were delivered to Timson, who was in possession when the suit was brought. The other facts appear in the opinion.
1Opinion of the CourtCrocker, J.
This is an action to foreclose a mortgage, for eight hundred and twenty-four dollars and interest, on two billiard tables, executed by Patterson to the plaintiff, to secure the purchase money thereof. The tables had been sold by a Constable to the defendant Timson for twenty-five dollars each, on an execution against Patterson, and he claims to hold the property free of the mortgage. The evidence shows that Timson, before and after the time of his purchase, had full notice of the mortgage.
It appears that Patterson was the keeper of a saloon, and therefore it is contended that it is not such…
2Cases cited6 opinions
- Ah Lim v. Territory of WashingtonWashington Supreme Court · 1890
- Smith v. RandallCalifornia Supreme Court · 1856
- White v. ColeNew York Supreme Court · 1840
- Divver & Gunton v. McLaughlinNew York Supreme Court · 1829
- Chenyworth v. DailyIndiana Supreme Court · 1855
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3Cited by9 opinions
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- Harms v. SilvaCalifornia Supreme Court · 1891
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