Lassen v. Vance
California Supreme Court
Appeal from the Superior Court of the City of San Francisco. Plaintiff filed his bill for tho purpose of foreclosing a mortgage, executed by defendant Vance., The facts of the case as developed by a special verdict, are as follows: That on the fourth day of January, 1855, the defendant gave a mortgage on a lot in San Francisco, to secure the payment of the sum of three thousand dollars.
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Appeal from the Superior Court of the City of San Francisco. Plaintiff filed his bill for tho purpose of foreclosing a mortgage, executed by defendant Vance., The facts of the case as developed by a special verdict, are as follows: That on the fourth day of January, 1855, the defendant gave a mortgage on a lot in San Francisco, to secure the payment of the sum of three thousand dollars. That the defendant was then a married man. of family, and had' lived in the lot with them some two years, as a tenant of Francis Melius: that there were two dwelling-houses thereon, both built by defendant…
1Opinion of the CourtBurnett, J.
The defendant, James Yance, resided, with his wife, upon certain premises as the tenant of Francis Melius, for some two years prior to the fourth of January, one thousand eight hundred and fifty-six. On that day, defendant, James Yance, borrowed of plaintiff three thousand dollars, and executed to him a note, and a mortgage upon the premises, and at the same time took from Melius a conveyance to himself. The money borrowed of the plaintiff was paid to Melius for the lot. The defendant James Yance, and wife, continued to reside upon the premises, and claimed the right of homestead as against…
2Cases cited3 opinions
- Coffin v. CoffinMassachusetts Supreme Judicial Court · 1808
- Mayburry v. BrienSupreme Court of the United States · 1841
- Farmer v. SimpsonTexas Supreme Court · 1851
3Cited by9 opinions
- Roby v. Bismarck National BankNorth Dakota Supreme Court · 1894
- Sels v. BunnellCalifornia Supreme Court · 1898
- Howell v. BushMississippi Supreme Court · 1877
- Troyer v. MundyCourt of Appeals for the Eighth Circuit · 1932
- First National Bank v. ZookNorth Dakota Supreme Court · 1923
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