Montgomery v. Middlemiss
California Supreme Court
Appeal from the Fifteenth Judicial District. On the twenty-seventh day of October, 1858, the plaintiff, A. Montgomery, commenced an action to foreclose a mortgage executed to him by one Geo. Wilson in 1855, upon certain land in Colusa County, and to this action said Wilson and the respondent, James Middlemiss, and others, alleged to have, or claim, some interest in the premises, were made parties defendants, and duly served with process.
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Appeal from the Fifteenth Judicial District. On the twenty-seventh day of October, 1858, the plaintiff, A. Montgomery, commenced an action to foreclose a mortgage executed to him by one Geo. Wilson in 1855, upon certain land in Colusa County, and to this action said Wilson and the respondent, James Middlemiss, and others, alleged to have, or claim, some interest in the premises, were made parties defendants, and duly served with process. Pending this suit, and on the nineteenth day of December, 1859, the plaintiff executed to the defendant, Middlemiss, a quitclaim deed for that portion of the…
1Opinion of the CourtField, C. J.
Norton, J. concurring.
It is impossible to perceive, from the facts disclosed by the transcript before us, what effect, if any, the quitclaim deed of the mortgagee had upon the rights of Middlemiss. It was executed during the pendency of the action for the foreclosure of the mortgage, and if available for any purpose it should have been in some form presented to the consideration of the Court before the decree for the sale of the entire premises was entered. The decree concluded the rights of the parties to the action, and the sale under it, consummated by the Sheriff’s deed, passed, as…
2Cases cited1 opinion
- Montgomery v. TuttCalifornia Supreme Court · 1858
3Cited by7 opinions
- Sichler v. LookCalifornia Supreme Court · 1892
- California Mortgage & Savings Bank v. GravesCalifornia Supreme Court · 1900
- Hibernia Savings & Loan Society v. LewisCalifornia Supreme Court · 1897
- Langley v. VollCalifornia Supreme Court · 1880
- Hald v. DayOregon Supreme Court · 1899
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