Heinlin v. Castro
California Supreme Court
Appeal from the Third Judicial District. This action was commenced October 24th, I860,- by John Heinlin, against Juan José Castro and Petro Benal de Castro, to recover the amount of a promissory note, made by defendants to plaintiff, for six hundred dollars, dated January 25th, 1855, and payable twelve months from date with interest; and also to foreclose a mortgage, made to secure the note and bearing the same date. The answer set up as a defense the Statute of Limitations.
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Appeal from the Third Judicial District. This action was commenced October 24th, I860,- by John Heinlin, against Juan José Castro and Petro Benal de Castro, to recover the amount of a promissory note, made by defendants to plaintiff, for six hundred dollars, dated January 25th, 1855, and payable twelve months from date with interest; and also to foreclose a mortgage, made to secure the note and bearing the same date. The answer set up as a defense the Statute of Limitations. A trial was had at the September Term, 1861, before the Court without a jury, and both parties having closed their…
1Opinion of the CourtCrocker, J.
This is an action to enforce the collection of a note executed by the defendants for the sum of six hundred dollars, dated January 25th, 1855, payable twelve months after date, and to foreclose a mortgage executed by the defendants to secure the payment of the note. The complaint was filed October 24th, 1860. The answer sets up the Statute of Limitations in defense. On the sixth day of September, 1861, the cause was tried, the evidence heard, and the case taken under advisement. On the sixth day of January, 1862, the Court, on the plaintiff’s motion, ordered that the suit be dismissed, and…
2Cases cited3 opinions
- Lord v. MorrisCalifornia Supreme Court · 1861
- Barron v. KennedyCalifornia Supreme Court · 1861
- Fairbanks v. DawsonCalifornia Supreme Court · 1858
3Cited by21 opinions
- Goldtree v. SpreckelsCalifornia Supreme Court · 1902
- Westbay v. GrayCalifornia Supreme Court · 1897
- Clunin v. First Federal Trust Co.California Supreme Court · 1922
- Allen v. AllenCalifornia Supreme Court · 1892
- MacDermot v. GrantCalifornia Supreme Court · 1919
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