Frink v. Le Roy
California Supreme Court
Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. On the 17th day of January, 1856, Samuel Philips, was the owner of a lot in the city of San Francisco, on the northwest corner of Battery and Sacramento streets, fronting forty-five feet and ten inches on Battery, and ninety feet on Sacramento street, and mortgaged the same to Eugene Bitter and Theodore Le Boy to secure his debt to Bitter in the sum of $27,000, and his debt to Le Boy…
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Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. On the 17th day of January, 1856, Samuel Philips, was the owner of a lot in the city of San Francisco, on the northwest corner of Battery and Sacramento streets, fronting forty-five feet and ten inches on Battery, and ninety feet on Sacramento street, and mortgaged the same to Eugene Bitter and Theodore Le Boy to secure his debt to Bitter in the sum of $27,000, and his debt to Le Boy in the sum of $8,000, and interest on said sums at one and three fourths per cent, per month. In 1859, Bitter and Le Boy…
1Opinion of the Court
By the Court:
The action is ejectment, and the title of the plaintiff is derived from one Philips, who, while the owner of the premises, executed and delivered to the defendant a mortgage thereof to secure a debt owing by him to the defendant. The mortgage was subsequently foreclosed by decree, but no sale of the mortgaged premises was had. Philips was indulged with further time to pay the mortgage debt, and the parties accordingly entered into a written agreement to the effect that the order of sale should not issue for the period of eighteen months, and, by a subsequent agreement in *322writing,…
2Cited by10 opinions
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- James v. WingateSupreme Court of Oklahoma · 1937
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