Rowley v. Davis
California Supreme Court
APPEALS from judgments of the Superior Court of Yolo County and from orders refusing a new trial. N. A. Hawkins. Judge. The facts are stated in the opinion of the court. Pemberton & Pemberton, and J. 0. Davis, for Defendants and Appellants. J. A. Elston, and Black & Clark, for Respondents Elmer E. Nichols and Intervener, First National Bank of Berkeley.
1Opinion of the CourtShaw, J.
The two eases above entitled present the same questions upon facts identical in effect. A decision in one will determine both. In each case the appeals are from the judgment and from an order denying a new trial. We will state in detail the facts involved in case No. 2159.
Rowley’s complaint stated a cause of action to foreclose a mortgage on a tract of land in Yolo County, executed by J. 0. Davis and Rozina P. Davis, his wife, on March 9, 1910, to secure their note for ten thousand dollars. It contained the usual allegations and, with respect to all the defendants except the said mortgagors,…
2Cases cited10 opinions
- Doudell v. ShooCalifornia Supreme Court · 1911
- Stockton Combine Harvester & Agricultural Works v. Glen's Falls Co.California Supreme Court · 1893
- First Nat. Bank of Cleveland v. SheddSupreme Court of the United States · 1887
- Kenney v. . ApgarNew York Court of Appeals · 1883
- McClain v. HuttonCalifornia Supreme Court · 1900
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3Cited by5 opinions
- Nicholson v. HendersonCalifornia Supreme Court · 1944
- Bodine v. Superior CourtCalifornia Court of Appeal · 1962
- Security-First National Bank v. J. G. Ruddle Properties, Inc.California Supreme Court · 1933
- Livingston v. RiceCalifornia Court of Appeal · 1955
- Nicholson v. HendersonCalifornia Supreme Court · 1944