Amador Canal & Mining Co. v. Mitchell
California Supreme Court
Appeal from a judgment for the plaintiff, and from an order denying a new trial in the Eleventh District Court, County of Amador. Williams, J. This is an action to vacate a judgment and decree of foreclosure of two mortgages,'under which the defendant, Thomas Mitchell, purchased a portion of the mortgaged property, on the ground of fraud.
1Opinion of the Court
McKee, J.:
The respondent and plaintiff in the action, out of which this case arises, claims title to the premises in controversy, by purchase at a judicial sale of the property, under an order, made by the United States District Court for the District of California, on January 28th, 1873, authorizing the assignee in bankruptcy of the estate of the Sutter Canal and Mining Company—a bankrupt corporation—to sell all the right, title, and interest of the estate in the property, subject to two mortgages which the defendant Mitchell had upon it.
Under that order the premises in dispute, known as the…
2Cases cited6 opinions
- Peck v. JennessSupreme Court of the United States · 1849
- Eyster v. GaffSupreme Court of the United States · 1876
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