Kyle v. Hamilton
California Supreme Court
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
- Herd v. TuohyCalifornia Supreme Court · 1901
- Cutter v. WhittemoreMassachusetts Supreme Judicial Court · 1813
- Bostwick v. McEvoyCalifornia Supreme Court · 1881
- Tewksbury v. O'ConnellCalifornia Supreme Court · 1862
- Peachy v. WitterCalifornia Supreme Court · 1901
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Oklahoma City Development Co. v. PicardSupreme Court of Oklahoma · 1915
- Long v. ThompsonCalifornia Court of Appeal · 1944
- Griffitts v. FieldSupreme Court of Oklahoma · 1923