Perre v. Castro
California Supreme Court
Appeal from the Seventh District. Bill by plaintiff as assignee of a mortgage given by Antonio Maria Castro, to John Provizza and John Davis, for the foreclosure and sale of the mortgaged premises. The bill was filed on the 8th of July, 1858, against Antonio Maria Castro, John Provizza, William A. Piper, Thomas D. Mathewson, John Galvin, and Joseph Emerie.
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Appeal from the Seventh District. Bill by plaintiff as assignee of a mortgage given by Antonio Maria Castro, to John Provizza and John Davis, for the foreclosure and sale of the mortgaged premises. The bill was filed on the 8th of July, 1858, against Antonio Maria Castro, John Provizza, William A. Piper, Thomas D. Mathewson, John Galvin, and Joseph Emerie. Subsequently, by leave of Court, and with the consent of opposing counsel, the bill was amended, and additional defendants joined, viz: Jacob M. Tewksbury and John Davis. Antonio Maria Castro was the sole mortgage debtor; the other…
1Opinion of the CourtBaldwin, J.
Antonio Maria Castro executed on the 13th of August, 1852, a bond to John Davis for three thousand dollars, payable in three *527years, with ten per cent, per month interest, and, to secure this sum, executed at the same time a mortgage upon one-half of the undivided interest of Castro in the estate of his late father, called the San Pahlo Ranch. This ranch contains four and a half leagues. This land the mortgagor held in common with his brothers and sisters, seven in number, “it being understood,” the deed recites, “ that the quantity conveyed shall not exceed the one-sixteenth part of the San…
2Cases cited5 opinions
- Jackson ex dem. Bowers v. CraftsNew York Supreme Court · 1820
- Post v. ArnotNew York Supreme Court · 1845
- Adams v. Stevens & CaggerNew York Supreme Court · 1841
- Merritt v. LambertNew York Court of Chancery · 1838
- Hill v. PaysonMassachusetts Supreme Judicial Court · 1801
3Cited by10 opinions
- Mitchell v. RobertsUnited States Circuit Court · 1883
- Tompkins v. BatieNebraska Supreme Court · 1881
- Hyams v. BambergerUtah Supreme Court · 1894
- Hayes v. JosephiCalifornia Supreme Court · 1864
- Ketchum v. CrippenCalifornia Supreme Court · 1869
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