Odell v. Wilson
California Supreme Court
Appeal from a judgment of the Superior Court of the county of Sacramento, and from an order refusing a new trial. The facts are stated in the opinion of the court.
1Opinion of the CourtThornton, J.
This action was brought to foreclose a mortgage on certain lots in the town of Folsom. One Samuel Kay was made a party defendant, and it was alleged that he had or claimed to have some interest or claim upon the mortgaged premises, which was subsequent and subject to the lien of the mortgage. This Kay denied.
In the view we take of the case the other pleadings need not be noticed.
The court found that the claim of Kay was invalid, that he had no interest in the premises, and that all the allegations of his answer were untrue. It further found that all the allegations of the complaint were true.
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2Cases cited4 opinions
- City of San Francisco v. LawtonCalifornia Supreme Court · 1861
- Hibernia Savings & Loan Society v. OrdwayCalifornia Supreme Court · 1869
- Agnew v. CostaCalifornia Supreme Court · 1865
- Moyle v. PorterCalifornia Supreme Court · 1877
3Cited by5 opinions
- O'Dea v. MitchellCalifornia Supreme Court · 1904
- Brown v. Atlanta National Building & Loan Ass'nSupreme Court of Florida · 1903
- City of Excelsior Springs ex rel. McCormick v. HenryMissouri Court of Appeals · 1903
- Upjohn v. MooreWyoming Supreme Court · 1932
- Wilson v. California BankCalifornia Supreme Court · 1898