Brown v. Orr
California Supreme Court
Appeal from the District Court, Sixth Judicial District, Placer County. On the 27th day of.September, 1862, William H. Orr, and C. M. Orr, his wife, gave their joint and several promissory note to the plaintiff, and to secure the same, executed to plaintiff a mortgage on a tract of iand.
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Appeal from the District Court, Sixth Judicial District, Placer County. On the 27th day of.September, 1862, William H. Orr, and C. M. Orr, his wife, gave their joint and several promissory note to the plaintiff, and to secure the same, executed to plaintiff a mortgage on a tract of iand. William H. Orr afterwards died, leaving him surviving his said wife and two infant children, Ida Orr and Emma Orr. . There was no administration on the estate, and plaintiff, in October, 1864, commenced this action on the note and mortgage, and claimed a personal judgment against C. M. Orr. The California…
1Opinion of the Court
By the Court, Sanderson, C. J.
This is an action upon a promissory note and mortgage to secure the payment thereof, executed by the defendant, C. M. Orr, and her husband in his lifetime. The complaint in substance alleges that the note and mortgage were made, executed and delivered to plaintiff by the defendant, C. M. Orr, and her husband, William H. Orr, since deceased, in consideration of an indebtedness in the sum of one thousand eight hundred dollars due from them to him. That plaintiff still holds the note and mortgage. That although long since due and payable, the defendants have…
2Cases cited3 opinions
- Fallon v. ButlerCalifornia Supreme Court · 1862
- Maclay v. LoveCalifornia Supreme Court · 1864
- People v. BruzzoCalifornia Supreme Court · 1864
3Cited by9 opinions
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- Davanay v. EggenhoffCalifornia Supreme Court · 1872
- Kantrowitz v. PratherIndiana Supreme Court · 1869
- Althof v. ConheimCalifornia Supreme Court · 1869
- Mauldin v. BallMontana Supreme Court · 1883
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