Poett v. Stearns
California Supreme Court
Appeal from the District Court, First Judicial District, Los Angeles County. The mortgage contained a sufficient description of the note to show that it was payable in money generally, and not "in gold coin. The Court below directed the mortgage to be enforced by a sale of the'mortgaged premises for money generally.
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Appeal from the District Court, First Judicial District, Los Angeles County. The mortgage contained a sufficient description of the note to show that it was payable in money generally, and not "in gold coin. The Court below directed the mortgage to be enforced by a sale of the'mortgaged premises for money generally. The plaintiff appealed from that part of the judgment directing the premises to be sold for money generally, claiming that the judgment should have directed the mortgaged property to be sold for gold coin. The other facts are stated in the opinion of the Court.
1Opinion of the Court
By the Court, Shafter, J.:
On the 14th of April, 1861, the defendant Stearns executed his promissory note to the plaintiff for the sum of fifteen thousand dollars, payable in money generally. Stearns, on the 2d of July, 1861, executed a mortgage to the plaintiff to secure the note, which mortgage was duly recorded on the same day in the Recorder’s office of Los Angeles County, where the lands are situate. Near the end of the year 1862, or at the beginning of 1863, Stearns executed and delivered to the plaintiff the following supplement or addendum to the note as originally drawn :
“I agree to…
2Cases cited6 opinions
- Carpentier v. AthertonCalifornia Supreme Court · 1864
- Plowman v. RiddleSupreme Court of Alabama · 1845
- Gilman v. MooreSupreme Court of Vermont · 1842
- Reese v. StearnsCalifornia Supreme Court · 1865
- Spencer v. PrindleCalifornia Supreme Court · 1865
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Collins v. CollinsMississippi Supreme Court · 1875
- Belloc v. DavisCalifornia Supreme Court · 1869