Morse v. Gibbons
California Supreme Court
Appeal from the District Court of the Third Judicial District, Alameda County. The plaintiff claimed four hundred and seventy-seven dollars and sixty-seven cents in gold coin as his fees in the foreclosure suit mentioned in the opinion. The controversy was submitted upon an agreed statement of facts without action. The Court below gave judgment for plaintiff. The defendant appealed. The other facts are stated in the opinion.
1Opinion of the Court
By the Court,
Wallace, C. J.:
Du Pont had recovered judgment against Gibbons for forty-seven thousand two hundred and sixty-seven dollars, . and directing a sale of certain mortgaged premises, which are admitted to have been in value sufficient to satisfy that sum and all costs.
An order of sale had been placed in the hands of Morse, the Sheriff, who had duly advertised the sale of the premises and would have actually sold them" had not the sale been repeatedly postponed from time to time by the direction of Du Pont.
During this postponement Gibbons, paid the forty-seven thousand two hundred and…
2Cases cited1 opinion
- Bolton v. LawrenceNew York Supreme Court · 1832
3Cited by2 opinions
- Jurgens v. HauserMontana Supreme Court · 1897
- Jackson v. SiglinOregon Supreme Court · 1882