Legal Opinion

Harms v. Silva

California Supreme Court

Decided November 14, 1891No. 13801PublishedCited by 7 opinions

Appeal from a judgment of the Superior Court of Monterey County, and from an order denying a new trial. The facts are stated in the opinion.

1Opinion of the Court

Temple, C.

This action is to recover one hundred tons of baled hay, or the value. Defendants had judgment, and plaintiff appeals from it and the order refusing a new trial.

The hay was raised by Silva, who, on January 21,1889, mortgaged the same, then a growing crop, to Keating, to secure the sum of $350, with interest, also “ whatever further necessary costs that may be needed to guard and care for said crops.”

The mortgage was duly executed, and had attached to it the affidavit required by section 2957 of the Civil *639Code; but the officer neglected to certify the acknowledgment, and Keating had…

2Cases cited1 opinion

  1. Gassner v. PattersonCalifornia Supreme Court · 1863

3Cited by7 opinions

  1. Kahriman v. JonesCalifornia Supreme Court · 1928
  2. Adlard v. RodgersCalifornia Supreme Court · 1894
  3. Bush v. Bank of America National Trust & Savings Ass'nCalifornia Court of Appeal · 1934
  4. Fred C. Silverthorn & Sons v. Pacific Finance Corp.California Court of Appeal · 1933
  5. Pacific States Savings & Loan Co. v. StrobeckCalifornia Court of Appeal · 1934

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