County Bank of San Luis Obispo v. Fox
California Supreme Court
APPEAL from a judgment of the Superior Court of San Luis Obispo County. Y. A. Gregg, Judge. The facts are stated in the opinion.
1Opinion of the Court
BELCHER, C.
This is an action to foreclose a mortgage, and the only question in the case is as to which of two mortgages on the same land has priority.
The facts are in substance as follows: On October 8, 1893, the defendant, W. H. Fox, executed to the defendant, Stella Payne Meads, his promissory note for seven hundred and fifty dollars, and a mortgage to secure payment of the same on one hundred and sixty acres of land then owned by him. This mortgage was duly recorded November 4, 189.3.
On October 10, 1893, Fox and his wife, Cynthia E. Fox, executed to the Farmers’ Union of San Miguel their…
2Cases cited3 opinions
- Eversdon v. MayhewCalifornia Supreme Court · 1884
- Clark v. SawyerCalifornia Supreme Court · 1874
- Mahoney v. MiddletonCalifornia Supreme Court · 1871
3Cited by12 opinions
- Merrill v. Department of Motor VehiclesCalifornia Supreme Court · 1969
- Kenniff v. CaulfieldCalifornia Supreme Court · 1903
- Bell v. PleasantCalifornia Supreme Court · 1904
- Lewis v. Superior CourtCalifornia Court of Appeal · 1994
- Bailey v. ButnerNevada Supreme Court · 1947
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