Cook v. Klink
California Supreme Court
Appeal from the District Court of the Eighth Judicial District, County of Siskiyou, A. S. Cook, the plaintiff in this case, filed his bill against the defendant Klink, to foreclose a mortgage, and made various incumbrancers parties thereto. On the twentieth of January, 1855, a decree of foreclosure was granted, and the mortgaged premises ordered sold.
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Appeal from the District Court of the Eighth Judicial District, County of Siskiyou, A. S. Cook, the plaintiff in this case, filed his bill against the defendant Klink, to foreclose a mortgage, and made various incumbrancers parties thereto. On the twentieth of January, 1855, a decree of foreclosure was granted, and the mortgaged premises ordered sold. On the twenty-first of February, 1855, the premises were sold under the decree, the appellants in this case becoming the purchasers thereof. On the sixth of September, 1855, during the August Term of the Court, Klink gave notice to the…
1Opinion of the CourtBurnett, J.
Suit to foreclose mortgage. Decree January 20, 1855. Sale of premises under decree, February 21st, 1855. Property purchased by Cohen & Silverstein, no parties to the original suit. Motion to set aside sale, September 13th, 1855. Sale set aside, and Cohen & Silverstein appealed to this Court.
On the part of respondents, it is urged that the appeal in this case should be dismisssed for certain causes assigned. The causes alleged would not seem to be'sufficient, except the one that the transcript was not filed within the time required by the third rule of this Court. But no motion to dismiss…
2Cited by1 opinion
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