Horn v. Jones
California Supreme Court
Appeal from the District Court, Eleventh Judicial District, Amador County. Plaintiff recovered a judgment in the Court below, and defendant Jones appealed. The other facts are stated in the opinion of the Court.
1Opinion of the Court
By the Court,
Shafter, J.
It appears that both parties claim under the Volcano Water Company; the plaintiff through the foreclosure of a mortgage, and the defendant through the foreclosure of an alleged mechanic’s lien; and the question is as to which of the parties has the-better title under the common source. The facts bearing upon the case are substantially as follows :
On the__ 4th day of October, 1855, the defendant, J. Gr. Fordyce, entered into a written agreement with the Volcano Water Company to do and perform work upon, and to furnish material for the construction of the ditch set forth…
2Cases cited4 opinions
- Head v. FordyceCalifornia Supreme Court · 1860
- Whitney v. HigginsCalifornia Supreme Court · 1858
- Montgomery v. TuttCalifornia Supreme Court · 1858
- Luning v. BradyCalifornia Supreme Court · 1858
3Cited by11 opinions
- Castro v. BarryCalifornia Supreme Court · 1889
- Brady v. BurkeCalifornia Supreme Court · 1891
- Sharp v. LumleyCalifornia Supreme Court · 1868
- Dixon v. SchermeierCalifornia Supreme Court · 1895
- Klemmens v. First Nat. BankNorth Dakota Supreme Court · 1911
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