De Celis v. Porter
California Supreme Court
Appeal from a judgment of the Superior Court of Los Angeles County, and from an order refusing a new trial. In 1874, the defendant Maclay made his promissory note to E. E. De Celis, who was the administrator of the estate of E. De Celis, for $37,500., and executed a mortgage to secure the same upon certain real estate awarded to the estate under a decree of partition in an action by the San Fernando Farm and Homestead Association.
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Appeal from a judgment of the Superior Court of Los Angeles County, and from an order refusing a new trial. In 1874, the defendant Maclay made his promissory note to E. E. De Celis, who was the administrator of the estate of E. De Celis, for $37,500., and executed a mortgage to secure the same upon certain real estate awarded to the estate under a decree of partition in an action by the San Fernando Farm and Homestead Association. The note and mortgage was given for the balance of the purchase money under a sale of the property in pursuance of an order of the Probate Court. Subsequently…
1Opinion of the CourtThornton, J.
In the view we take of this case, we lay out of it the stipulations of March 14, 1876, and of June, 1876, *7except so far as is hereinafter pointed out. They were disregarded by the District Court in pronouncing the judgment of July, 1877, which judgment was modified by this court so far as to allow the credit on the note and mortgage for $37,500, of the $5,255.30, being the amount of costs and interest thereon, in the partition case of the San Fernando Farm Some-stead Association v. De Celis et al. This allowance was for the benefit of Porter and Maclay, and was in effect an advance by the De…
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