Bennett v. Red Cloud Mining Co.
California Court of Appeal
APPEAL from an order of the Superior Court of Biverside County denying a new trial. P. E. Densmore, Judge. The facts are stated in the opinion of the court.
1Opinion of the CourtShaw, J.
Appeal from an order denying motion made by defendant Merchants’ Trust Company for a new trial.
The action was to foreclose a mortgage upon certain mining grounds and personal property alleged to have been made, executed and delivered to plaintiff on January 5, 1904, by the Red Cloud Mining Company, which was a mining corporation.
The complaint was in the usual form and, among other things, alleged that defendant Merchants’ Trust Company claimed an interest in the mortgaged property by virtue of a second mortgage thereon, but that said “claim of the said Merchants’ Trust Company by virtue of…
2Cases cited4 opinions
- McShane v. CarterCalifornia Supreme Court · 1889
- Pekin Mining & Milling Co. v. KennedyCalifornia Supreme Court · 1889
- Hervey v. Illinois Midland Ry. Co.United States Circuit Court · 1884
- Williams v. Gold Hill Min. Co.U.S. Circuit Court for the District of Northern California · 1899
3Cited by2 opinions
- Long Construction Co. v. Empire Drive-In Theatres, Inc.California Court of Appeal · 1962
- Porter v. Anglo & London Paris National BankCalifornia Court of Appeal · 1918