Byrne v. Hoag
California Supreme Court
APPEAL from an order of the Superior Court of Riverside County directing the sale of mortgaged premises, upon motion, after an original judgment. J. S. Noyes, Judge. The facts are stated in the opinion of the court.
1Opinion of the CourtHarrison, J.
—The appellants executed to the respondent their promissory note for two thousand dollars April 27, 1892, payable three years after date, with interest payable semi-annually, and as security for its payment executed at the same time a mortgage upon certain real property, with a provision therein for its foreclosure in case of default in the payment of the note, or of any instalment of interest when due thereon. There was no provision that the note should be deemed to have matured in case of any default in the payment of interest. October 6, 1893, the first instalment of interest not having…
2Cases cited1 opinion
- Bank of Napa v. GodfreyCalifornia Supreme Court · 1888
3Cited by1 opinion
- Peterson v. LightfootCalifornia Court of Appeal · 1920