Swift v. Kraemer
California Supreme Court
Appeal from the Twelfth District. Bill in equity for an injunction. John Revalk being the owner of certain property situate in San Francisco, on the twenty-eighth day of June, 1854, executed a note and mortgage for two thousand dollars, to Lorenzo Lock and Louis Fontaeelli.
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Appeal from the Twelfth District. Bill in equity for an injunction. John Revalk being the owner of certain property situate in San Francisco, on the twenty-eighth day of June, 1854, executed a note and mortgage for two thousand dollars, to Lorenzo Lock and Louis Fontaeelli. On the nineteenth day of July, 1854, Revalk executed another noto and mortgage on same property for fifteen hundred dollars to Respondent, Charles Kraemer; both of which mortgages were recorded on the day of their respective dates. On the--day of September, 1*54, Revalk married; and from that day forward resided with his…
1Opinion of the CourtBaldwin, J.
Terry, C. J. concurring.
One Bevalk, an unmarried man, in 1854, owned a lot in San Francisco; Leek and Fontacelli had a mortgage of two thousand dollars, and Kraemer a mortgage of one thousand five hundred dollars, on this lot. Bevalk married in 1857, and, after his marriage, made the mortgage, the validity and effect of which this suit questions. His wife did not join in the mortgage. The consideration of this last mortgage was that Kraemer canceled his prior mortgage of one thousand five hundred dollars and gave five hundred dollars in cash, in addition, to Bevalk, and one Eisenhardt paid…
2Cases cited1 opinion
- Dillon v. ByrneCalifornia Supreme Court · 1855
3Cited by32 opinions
- Hicks v. MorrisTexas Supreme Court · 1882
- Bowlus v. Phenix InsuranceIndiana Supreme Court · 1892
- Barber v. BabelCalifornia Supreme Court · 1868
- Tolman v. SmithCalifornia Supreme Court · 1890
- Shaffer v. McCloskeyCalifornia Supreme Court · 1894
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