Malone v. Roy
California Supreme Court
Appeal from a judgment of the Superior Court of Del Norte County and from an order denying a new trial. The facts are stated in the opinion.
1Opinion of the Court
Haynes, C.
This action was brought by Malone against Roy to foreclose a mortgage. The plaintiff had judgment, and defendant appealed therefrom and from an order denying a new trial.
On January 4, 1888, the defendant was the owner of 360 acres of land, under a contract of purchase, upon which he owed $6,550, and on that day he obtained that sum from the plaintiff, applied it to the payment of the balance due upon the land, obtained a conveyance to himself, and, to secure the plaintiff for the moneys so obtained, executed to the plaintiff a deed, absolute in form, for the expressed consideration…
2Cases cited5 opinions
- Mahoney v. BostwickCalifornia Supreme Court · 1892
- Rogers v. BentonSupreme Court of Minnesota · 1888
- Raynor v. DrewCalifornia Supreme Court · 1887
- Newton v. McKayMichigan Supreme Court · 1874
- Malone v. RoyCalifornia Supreme Court · 1892
3Cited by12 opinions
- System Investment Corp. v. Union BankCalifornia Court of Appeal · 1971
- Lockhart v. J. H. McDougall Co.California Supreme Court · 1923
- Puppo v. LarosaCalifornia Supreme Court · 1924
- Casey v. GibbonsCalifornia Supreme Court · 1902
- Caro v. WollenbergOregon Supreme Court · 1917
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