City of San Francisco v. Lawton
California Supreme Court
Appeal from the Fourth Judicial District. This is a suit to foreclose a mortgage. It was before this Court on a former appeal, at the July Term, 1861. The case is reported in 18 Cal. 465, to which reference is made for a statement of the issues raised by the pleadings.
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Appeal from the Fourth Judicial District. This is a suit to foreclose a mortgage. It was before this Court on a former appeal, at the July Term, 1861. The case is reported in 18 Cal. 465, to which reference is made for a statement of the issues raised by the pleadings. By the decision there made, the cause was - remanded for a new trial, with a direction that, in any decree which might be entered for the plaintiff, ah rights of the defendants in the mortgaged property, claimed under a title independent of that of the mortgagor, should be saved. On the new trial, ah the former testimony was…
1Opinion of the CourtField, C. J.
Cope, J. concurring.
Upon the foreclosure of the mortgage in this case the plaintiffs were entitled to a decree for the sale of all the rights and interests of the mortgagor. But inasmuch as some of the defendants, so far as the property situated on the corner of Battery and Vallejo streets is concerned, claim adversely to the mortgagor under paramount title from the Mexican Government, confirmed by a patent of the United States, the decree should have reserved their rights. Such was the purport of the previous decision in this case. The decree entered, however, goes beyond the decision, and…
2Cited by1 opinion
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