Legal Opinion

Fletcher v. Northcross

California Supreme Court

Decided February 17, 1893No. 19,007PublishedCited by 1 opinion

APPEAL from Superior Court, Orange County; J. W. Towner, Judge. Action by John R. Fletcher against James W. Northcross to recover the possession of real estate. From a judgment in plaintiff’s favor, defendant appeals. Affirmed.

1Opinion of the Court

TEMPLE, C.

This action was brought to recover the possession of real estate under section 380 of the Code of Civil Procedure. Two defenses are pleaded. The first simply denies plaintiff’s title and right of possession. In the second, it is shown that plaintiff claims title under and from defendant, and it is averred that the deed from defendant, under which plaintiff claims, was intended and received as security for a loan, and is therefore a mortgage. Defendant alleges that on the first day of August, 1890, he was indebted to plaintiff in divers sums upon certain notes, secured by mort*800gage…

Also in this document: Per curiam.

2Cases cited6 opinions

  1. Conway's Executors & Devisees v. AlexanderSupreme Court of the United States · 1812
  2. Henley v. HotalingCalifornia Supreme Court · 1871
  3. Farmer v. GroseCalifornia Supreme Court · 1871
  4. Montgomery v. SpectCalifornia Supreme Court · 1880
  5. Page v. VilhacCalifornia Supreme Court · 1871

1 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Dean v. SmithNorth Dakota Supreme Court · 1924

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