Love v. Sierra Nevada Lake Water & Mining Co.
California Supreme Court
Appeal from the District Court, Tenth Judicial District, Sierra County. The following are the material allegations of the complaint in this case: Joseph Love, the plaintiff in the above entitled action, and a resident of England, by his attorneys, Van Clief & Gear, shows to this honorable Court that on the 29th day of July, 1858, the Sierra Nevada Lake Water and Mining Company— which was then and still is a corporation duly organized under and by virtue of the laws of the…
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Appeal from the District Court, Tenth Judicial District, Sierra County. The following are the material allegations of the complaint in this case: Joseph Love, the plaintiff in the above entitled action, and a resident of England, by his attorneys, Van Clief & Gear, shows to this honorable Court that on the 29th day of July, 1858, the Sierra Nevada Lake Water and Mining Company— which was then and still is a corporation duly organized under and by virtue of the laws of the State of California, whose principal place of business is at Forest City, in the County of Sierra—was indebted to the…
1Opinion of the Court
By the Court, Shafter, J.:
In the opinion delivered in this case on the former hearing, we considered, “ that it was unnecessary to determine whether the entire transaction was sufficient to constitute an equitable mortgage, for if such should be found to be the case it could not be enforced in the present state of the pleadings, because the decree must be based upon the allegations of the complaint; and it is alleged that the mortgage was executed by the corporation—that is* to say, that it is a legal mortgage.” Though there is.an averment in the complaint that the mortgage, the foreclosure…
2Cases cited3 opinions
- Stoddard v. TreadwellCalifornia Supreme Court · 1864
- Haskell v. CornishCalifornia Supreme Court · 1859
- Bodley v. FergusonCalifornia Supreme Court · 1866
3Cited by26 opinions
- Harrigan v. GilchristWisconsin Supreme Court · 1904
- Title Insurance & Trust Co. v. California Development Co.California Supreme Court · 1915
- Coast Bank v. MinderhoutCalifornia Supreme Court · 1964
- Taylor v. Agricultural & Mechanical Ass'nSupreme Court of Alabama · 1880
- Schader v. WhiteCalifornia Supreme Court · 1916
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