Legal Opinion

Kyle v. Hamilton

California Supreme Court

Decided March 18, 1902No. Sac. No. 941PublishedCited by 3 opinions

APPEAL from Superior Court, San Joaquin County; Joseph H. Budd, Judge. Mortgage foreclosure suit by Cassie M. Kyle against Moses Hamilton. From a decree in favor of plaintiff the defendant appeals. Reversed.

1Per curiam

This is a suit for the foreclosure of a mortgage, of date October 4, 1894, given by the defendant to the plaintiff to secure the note of the former for the sum of $825, with interest, due October 21, 1896. The complaint is in .the usual form. The defense pleaded is, in effect, the alleged substitution for the old of a new mortgage, of date February 5, 1898, in the form of a deed purporting to convey to- the plaintiff the mortgaged premises, and an accompanying agreement for the payment of the debt in three installments—two of $100 each, on the first days of November, 1898 and 1899, and the…

2Cases cited8 opinions

  1. Herd v. TuohyCalifornia Supreme Court · 1901
  2. Cutter v. WhittemoreMassachusetts Supreme Judicial Court · 1813
  3. Bostwick v. McEvoyCalifornia Supreme Court · 1881
  4. Tewksbury v. O'ConnellCalifornia Supreme Court · 1862
  5. Peachy v. WitterCalifornia Supreme Court · 1901

3 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Oklahoma City Development Co. v. PicardSupreme Court of Oklahoma · 1915
  2. Long v. ThompsonCalifornia Court of Appeal · 1944
  3. Griffitts v. FieldSupreme Court of Oklahoma · 1923

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