Legal Opinion

Rodgers v. Peckham

California Supreme Court

Decided March 4, 1898No. SAC No. 328PublishedCited by 11 opinions

APPEAL from a judgment of the Superior Court of Madera County and from an order denying a new trial. W. M. Conley, Judge, The facts are stated in the opinion.

1Opinion of the Court

BELCHER, C.

This is an action to foreclose a mortgage, given to secure payment of three non-negotiable notes, and the appeal is from the judgment of foreclosure and an order denying a new trial.

The action was commenced by Alexander Montgomery, but he ■died, and the executors of his will were substituted as plaintiffs in. his place. Subsequently the said notes and mortgage, by an order of court, were duly distributed to the respondent, and she was substituted as plaintiff in place of the executors.

The material facts of the case are as follows: On June 25, 1888, defendant Thomas E. Hughes…

2Cases cited1 opinion

  1. Harris v. San Diego Flume Co.California Supreme Court · 1891

3Cited by11 opinions

  1. Cornish v. WoolvertonMontana Supreme Court · 1905
  2. Homestead Savings v. DarmientoCalifornia Court of Appeal · 1991
  3. T. W. & L. O. Naylor Co. v. BowmanIdaho Supreme Court · 1924
  4. Allen v. San Francisco Wholesale Dairy Produce ExchangeCalifornia Court of Appeal · 1922
  5. International Harvester Co. of America v. McLaughlinSupreme Court of Arkansas · 1931

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