Carstenbrook v. Wedderien
California Court of Appeal
APPEAL from a judgment of the Superior Court of Yuba County, and from an order denying a new trial. E. P. McDaniel, Judge. The facts are stated in the opinion of the court.
1Opinion of the Court
The action was brought to set aside the release and satisfaction of a certain chattel mortgage and to have said mortgage, given by said defendants to one Wallace Dinsmore, determined and declared to be in full force and effect and to have plaintiffs adjudged to be the owners and holders of said mortgage and the note secured thereby and entitled to the full payment of all the sums so secured, and also to have said mortgage foreclosed.
The relief sought by the complaint, involving as it does "equitable subrogation" and foreclosure, is a matter peculiarly of equitable cognizance and the appeal…
2Cited by5 opinions
- Flores v. StoneCalifornia Court of Appeal · 1913
- Kinsey v. RyanCalifornia Court of Appeal · 1925
- Casady v. FryAppellate Division of the Superior Court of California · 1931
- Degenhart v. CartierMontana Supreme Court · 1916
- Flores v. StoneCalifornia Court of Appeal · 1913