Legal Opinion

Penrose v. Winter

California Supreme Court

Decided December 31, 1901No. Sac. No. 800PublishedCited by 28 opinions

The facts are stated in the opinion of the court.

1Opinion of the CourtBeatty, C. J.

This is an action to foreclose a mortgage made by the defendant Winter to a former guardian of the minors, Ora and Rebecca Eiler. The Bank of Shasta, a corporation, was joined as a defendant, for the reason, as alleged, that it claimed some interest in, or lien upon, the mortgaged premises, subject and subordinate -to the lien of the mortgage. It was duly served with summons, but made default, whereupon a decree was entered in favor of the plaintiff. From this decree the corporation appeals, claiming that the complaint is so fatally defective that the judgment cannot stand.

The substance of…

2Cases cited7 opinions

  1. Frisch v. CalerCalifornia Supreme Court · 1862
  2. Wise v. HoganCalifornia Supreme Court · 1888
  3. Scroufe v. ClayCalifornia Supreme Court · 1886
  4. Barney v. VigoreauxCalifornia Supreme Court · 1892
  5. Hawley Bros. Hardware Co. v. BrownstoneCalifornia Supreme Court · 1899

2 more not listed; retrieve them via the Exa API.

3Cited by28 opinions

  1. Arnold v. American Insurance Co.California Supreme Court · 1906
  2. Carnahan v. Motor Transit Co.California Court of Appeal · 1924
  3. Arizona Eastern Railroad v. Globe Hardware Co.Arizona Supreme Court · 1913
  4. Smith v. BentsonAppellate Division of the Superior Court of California · 1932
  5. Wells, Fargo & Co. v. McCarthyCalifornia Court of Appeal · 1907

23 more not listed; retrieve them via the Exa API.

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