Dennis v. Burritt
California Supreme Court
Appeal from the District Court of the Twelfth Judicial District. This was a bill of foreclosure filed against S. L. Burritt, John Vogeley, and others, upon the following state of facts: Burritt mortgaged a certain lot in the city of San Francisco, to the plaintiff, for $10,000, with interest at the rate of two and a half per cent, per month. The mortgage was recorded July 9th, 1853—the same day on which it was executed.
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Appeal from the District Court of the Twelfth Judicial District. This was a bill of foreclosure filed against S. L. Burritt, John Vogeley, and others, upon the following state of facts: Burritt mortgaged a certain lot in the city of San Francisco, to the plaintiff, for $10,000, with interest at the rate of two and a half per cent, per month. The mortgage was recorded July 9th, 1853—the same day on which it was executed. Burritt sold a small portion of the lot to the defendant Vogeley, April 14th, 1854, and the deed was recorded on the 19th of the same month. At sundry times, from April 26th,…
1Opinion of the Court
The opinion of the Court was delivered by Mr. Chief Justice Murray.
Mr. Justice Heydenfeldt concurred.
In this case, it appears from the record, that Samuel Burritt mortgaged a lot in the city of San Francisco, to secure the payment of ten thousand dollars. The mortgage was duly recorded, subsequent to which, one Yogeley purchased a portion of said lot, and took a conveyance for the same, which was also recorded; after which Dennis, at different times, released his mortgage lien on different portions of the lot, which were sold to third persons. Dennis now seeks to foreclose his mortgage, and…
2Cited by1 opinion
- McCabe v. GreyCalifornia Supreme Court · 1862