Kittridge v. Stevens
California Supreme Court
Appeal from the Seventh District. Complaint, with usual averments, on a promissory note for $1,250, executed by the defendant to the order of plaintiff.
Read the full summary
Appeal from the Seventh District. Complaint, with usual averments, on a promissory note for $1,250, executed by the defendant to the order of plaintiff. It is also alleged, that defendant, at the time of making his note—as part of the same transaction, and on the same sheet of paper—made and delivered to plaintiff a writing as follows: “ This is to certify, that the above note is given for money to purchase a ranch or farm in Alamo, and is understood to be as purchase money on said ranch or farm; for which I consider the above ranch or farm holden for said moneys and interest. (Signed) “…
1Opinion of the CourtCope, J.
Field, C. J. concurring.
This is an action to recover a sum of money due upon a -promissory note, and to establish a lien for the amount upon certain real estate. The complaint was filed on the twenty-ninth of March, 1859, and a summons was duly issued and served upon the defendant. No answer being filed within the time limited by the statute, a judgment by default was entered for the amount claimed. Upon this judgment an execution was issued, and certain property of the defendant was levied upon and sold. The proceeds of this sale being insufficient to satisfy the judgment, the statutory…
2Cited by5 opinions
- Thompson v. CookCalifornia Supreme Court · 1942
- Norman v. BerneyCalifornia Court of Appeal · 1965
- Kittredge v. StevensCalifornia Supreme Court · 1863
- Taylor v. HawkinsonCalifornia Supreme Court · 1957
- Taylor v. HawkinsonCalifornia Supreme Court · 1957