M. Cerf v. Otis Ashley
California Supreme Court
Appeal from a judgment of the Superior Court of Santa Cruz County, and from an order refusing a new trial. The facts are stated in the opinion of the court.
1Opinion of the CourtMcKinistby, J.
—■ The action is to foreclose a mortgage, executed May 13, 1878, by Otis and Sarah A. Ashley, to secure their promissory note of even date therewith.
It is claimed by appellants that the mortgagees had no interest in the note and mortgage when the action was commenced.
On the 19th December, 1878, the mortgagees assigned to “E. L. Williams, trustee for E. H. Watson,” the said note and mortgage of defendants Otis and Sarah Ashley, to secure the payment of a note of the mortgagees (Cerf, Blockman, and Blum).
The original complaint was filed November 6,1879, by Cerf, Blockman, and Blum, and…
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