Legal Opinion

Church v. Shanklin

California Supreme Court

Decided August 15, 1892No. 14713PublishedCited by 24 opinions

Appeal from, a judgment of the Superior Court of Fresno County, and from an order denyiny a new trial. The facts are stated in the opinion of the court.

1Opinion of the CourtPaterson, J.

This is an action to foreclose a mortgage given to secure the payment of two promissory notes, for the sum of five thousand dollars each, payable by defendants to plaintiff “ whenever he perfects the title to lots 14, 15, and 16, in block 85, of Fresno, to the satisfaction of Church & Cory, attorneys. .... Neither principal nor interest to be due and payable until said title is perfected as aforesaid, nor until one year.”

The record fails to show that Church & Cory refused to express satisfaction with the plaintiff’s title through any fraudulent or improper motive. The learned judge of the…

2Cases cited5 opinions

  1. Kihlberg v. United StatesSupreme Court of the United States · 1878
  2. Doll v. . NobleNew York Court of Appeals · 1889
  3. Butler v. TuckerNew York Supreme Court · 1840
  4. Baasen v. BaehrWisconsin Supreme Court · 1859
  5. McCarren v. McNultyMassachusetts Supreme Judicial Court · 1856

3Cited by24 opinions

  1. Mackenzie v. MinisSupreme Court of Georgia · 1909
  2. Mulcahy v. DieudonneSupreme Court of Minnesota · 1908
  3. Tiffany v. Pacific Sewer Pipe Co.California Supreme Court · 1919
  4. Hollingsworth v. ColthurstSupreme Court of Kansas · 1908
  5. Friendly v. ElwertOregon Supreme Court · 1909

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