Hobbs v. Duff
California Supreme Court
Appeal from the District Court, Fourth Judicial' District, City and County of San Francisco. April 14th, 1857, Alfred K. Fisher brought an action in the District Court for Humboldt County against James T. Ryan, James R. Duff, and ten others named. The action was brought to foreclose a mortgage made by the defendants in said suit to A. S. Tobias, to secure their bond to him—which said bond and mortgage had come to said Fisher by assignment.
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Appeal from the District Court, Fourth Judicial' District, City and County of San Francisco. April 14th, 1857, Alfred K. Fisher brought an action in the District Court for Humboldt County against James T. Ryan, James R. Duff, and ten others named. The action was brought to foreclose a mortgage made by the defendants in said suit to A. S. Tobias, to secure their bond to him—which said bond and mortgage had come to said Fisher by assignment. The bond and mortgage were executed November 3d, 1854. Decree for plaintiff in the suit, September 15th, 1857. Order of sale issued to Sheriff September…
1Opinion of the CourtCrocker, J.
This is an appeal from an order granting an injunction, in an action in the nature of a suit in equity, for a decree setting off a certain demand owned by the plaintiffs, against a demand owned by Josephi, one of the defendants.
The record discloses these facts, that on the fifteenth day of September, 1857, one Fisher obtained a decree for the foreclosure of a mortgage ‘upon certain real and personal property in the District Court of Humboldt County, against one Ryan, J. R. Duff and several others; that the mortgaged property was duly sold under the decree; and after the application of the…
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