Henry v. Confidence Gold & Silver Mining Co.
Nevada Supreme Court
Appeal from the District Court of the First Judicial District of the State of Nevada, Storey County, Hon. R. S. Mesioic presiding. cited the case of SpcurTcs dk Kelsey v. Kieo, 1 McAllister, page 497, for the proposition that the equitable remedy on the mortgage was not extinguished by the statute which barred the debt. cited for Respondents the case of Lord, v. Morris, 18 Cal. 484, and also the affirmation of that case in several California cases of later date, as follows :…
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Appeal from the District Court of the First Judicial District of the State of Nevada, Storey County, Hon. R. S. Mesioic presiding. cited the case of SpcurTcs dk Kelsey v. Kieo, 1 McAllister, page 497, for the proposition that the equitable remedy on the mortgage was not extinguished by the statute which barred the debt. cited for Respondents the case of Lord, v. Morris, 18 Cal. 484, and also the affirmation of that case in several California cases of later date, as follows : 21 Cal. 493; 23 Cal. 143, and L&nt v. Grogan, not yet reported.
1Concurrence
Opinion by
Beatty, J.,
full Bench concurring.
In August, 1862, Irwin, J. B. Henry and others, at the City of Nevada, State of California, executed two promissory notes, each payable twelve months after date, to T. W. Sigourney and A D. Tower, and to secure the payment of said note, Irwin, one of the makers, on the same day executed his mortgage on certain mining ground in Storey County, Nevada, which was shortly after duly recorded.
In July, 1863, Irwin made a deed of the same mining ground to the defendant, a mining corporation, upon condition that they would issue stock to him, or his…
2Cases cited2 opinions
- Phyfe v. RileyNew York Supreme Court · 1836
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- Satterlund v. BealNorth Dakota Supreme Court · 1903
- Barry Stimpson v. Midland Credit Mgmt., Inc.Court of Appeals for the Ninth Circuit · 2019
- Criss v. CrissWest Virginia Supreme Court · 1886
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