Legal Opinion
Sawtelle v. Muncy
California Supreme Court
Decided April 7, 1897No. L. A. No. 196PublishedCited by 4 opinions
Appeal from a judgment of the Superior Court of Riverside County. J. S. Noyes, Judge. The facts are stated in the opinion.
1Opinion of the Court
Searls, C.
Action to foreclose a mortgage executed by R. E. Muncy and Sadie E. Muncy, his wife, to secure the payment of a promissory note for $1,295, made by R. E. Muncy September 7, 1888, and payable on or before two years after date, with interest at ten per cent per annum. Defense, want of consideration, menace, and fraud. Defendants had judgment. Plaintiff appeals from the judgment, and supports his appeal by a bill of exceptions. The cause was tried by the court without a jury.
The findings show that the note in suit was made without valuable, consideration; that the note and mortgage…
2Cases cited1 opinion
- Hestres v. ClementsCalifornia Supreme Court · 1863
3Cited by4 opinions
- Batchelor v. FinnCalifornia Court of Appeal · 1959
- People v. MoriarityCalifornia Court of Appeal · 1923
- Lohman v. ReymondNew Mexico Supreme Court · 1913
- Batchelor v. FinnCalifornia Court of Appeal · 1959