McCarthy v. White
California Supreme Court
Appeal from the Third Judicial District. On the first day of March, 1853, W. F. White executed to plaintiff a promissory note for $2,400, payable one year from date, and bearing interest at two per cent, per month. To secure this note, White executed a mortgage upon an undivided one-half interest in a lot of land in Santa Cruz County, this lot being a part of the Salsipuedes Rancho, and designated upon a map of that rancho, made for the purposes of a partition, as lot “ II.”
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Appeal from the Third Judicial District. On the first day of March, 1853, W. F. White executed to plaintiff a promissory note for $2,400, payable one year from date, and bearing interest at two per cent, per month. To secure this note, White executed a mortgage upon an undivided one-half interest in a lot of land in Santa Cruz County, this lot being a part of the Salsipuedes Rancho, and designated upon a map of that rancho, made for the purposes of a partition, as lot “ II.” The mortgage was dated March first, but was acknowledged April twenty-seventh, and recorded June 9th, 1853. At the time…
1Opinion of the CourtCope, J.
Field, C. J. and Norton, J. concurring.
This is an action to foreclose a mortgage executed by the defendant, White, upon certain real estate in the county of Santa Cruz. There are several defendants, and among them is one Eugene Kelley, who claims the premises under a conveyance from White, and relies upon the Statute of Limitations as a bar to the foreclosure. The mortgage debt became due on the fourth of March, 1854, and on the tenth of May, 1858, a portion of the debt having been paid, the parties had an accounting, and upon ascertaining the balance due, executed a writing by which it was…
2Cases cited1 opinion
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