Gerig v. Loveland
California Supreme Court
APPEAL from a judgment of the Superior Court of Lassen County. E. A. Kelley, Judge. The facts are stated in the opinion of the court.
1Opinion of the CourtTemple, J.
This is an action to obtain the cancellation of a decree of foreclosure of a mortgage, alleged to have been had through the mistake of plaintiff, and to obtain a decree foreclosing another mortgage given to secure the same indebtedness. Plaintiff had judgment, and the defendant Dow appeals from the judgment upon the judgment-roll.
In December, 1890, defendant Loveland executed a mortgage to one L. C. Stiles to secure an indebtedness, evidenced by a promissory note due two years after date, and bearing interest.
On the thirtieth day of November, 1893, Loveland executed another mortgage to said…
2Cases cited3 opinions
- Hines v. WardCalifornia Supreme Court · 1898
- Mascarel v. RaffourCalifornia Supreme Court · 1876
- Brackett v. BanegasCalifornia Supreme Court · 1897
3Cited by9 opinions
- Bacon v. BaconCalifornia Supreme Court · 1907
- Norton v. NewerfCalifornia Court of Appeal · 1919
- Meyer v. LemleyMontana Supreme Court · 1929
- Winn v. TorrCalifornia Court of Appeal · 1938
- Williams v. WilliamsArizona Supreme Court · 1927
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