Hawkins v. Hill
California Supreme Court
Appeal from the Ninth District. Suit on two notes and mortgages made at different times, to different persons, and assigned to plaintiffs. The property mortgaged was a 'water ditch. Defendants, who were the mortgagors, appeal.
1Opinion of the CourtBaldwin, J.
Cope, J. concurring.
The plaintiff filed his bill to foreclose two mortgages; one of them was due, the other was not. Both were on the same property, and the averment of the bill and the finding of the decree are that the property was not divisible. The last of these mortgages was due at the time of the judgment. The defendant offered to pay the first mortgage, and tendered and deposited the amount of it, but the tender was not made until after the last mortgage was due. The Court decreed the sale of the premises for the amount of both mortgages, and from this decree the appeal is taken.
The…
2Cases cited1 opinion
- Scribner v. HickokNew York Court of Chancery · 1820
3Cited by1 opinion
- Dixon v. EikenberryIndiana Supreme Court · 1903