Moore v. Semple
California Supreme Court
Appeal from the District Court of the Fifteenth Judicial District, County of Colusa. This was an action brought to obtain a decree of foreclosure upon note and mortgage, and a sale of the mortgaged premises. • Semple and five others made a joint and several note, payable to Moore & Allen on the fourteenth day of July, 1856. Afterward, Semple executed a mortgage to secure the payment of the note, and further agreed to pay attorney’s fees.
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Appeal from the District Court of the Fifteenth Judicial District, County of Colusa. This was an action brought to obtain a decree of foreclosure upon note and mortgage, and a sale of the mortgaged premises. • Semple and five others made a joint and several note, payable to Moore & Allen on the fourteenth day of July, 1856. Afterward, Semple executed a mortgage to secure the payment of the note, and further agreed to pay attorney’s fees. Moore & Allen brought a joint action on these instruments, and Semple filed a demurrer for several grounds. But, before the trial, a stipulation in writing…
1Opinion of the Court
Field, J., at the April Term, 1858, delivered the opinion of the Court—
Terry, C. J., and Burnett, J., concurring.
The agreement inserted among the papers forms no part of the record. It is not embodied in any statement or bill of exceptions, and possesses, therefore, no verity upon which any errors can be assigned which .this Court can notice. Gates v. Buckingham, 4 Cal.' 286 ; Davis v. Stratton et al., and Flint v. Haight et al., January Term, 1856.
The decree is substantially for the sale of the mortgaged premises. It specifically directs judgment for the amount of the note, the application…
2Cited by1 opinion
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