Whitney v. Higgins
California Supreme Court
Appeal from the District Court of the Eleventh Judicial District, County of Placer. Bill to redeem. The facts of the case are as follows: On the 21st of February, 1856, one George H. Stephens was indebted to the plaintiff, George O. Whitney, and his partner George Whitney, in the sum of §1668, for which Stephens gave to them his three promissory notes, each for §556, payable in two, four, and six months; and, to secure the payment of said notes, at the same time executed to…
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Appeal from the District Court of the Eleventh Judicial District, County of Placer. Bill to redeem. The facts of the case are as follows: On the 21st of February, 1856, one George H. Stephens was indebted to the plaintiff, George O. Whitney, and his partner George Whitney, in the sum of §1668, for which Stephens gave to them his three promissory notes, each for §556, payable in two, four, and six months; and, to secure the payment of said notes, at the same time executed to them a mortgage upon certain premises owned by him, situated in Placer county, which mortgage was on the same day duly…
1Opinion of the CourtField, J.
Terry, C. J., and Baldwin, J., concurring.
The plaintiff purchased the premises at a sale upon a decree rendered in a suit to foreclose a mortgage executed on the 21st of February, 1856. The defendant claims under a purchase at a sale made upon a decree rendered in a suit to enforce a mechanic’s lien which attached on the 18th of January, 1856. The property was not redeemed from either sale, and the sheriff executed a deed to the plaintiff June 27th, 1857, and to the defendant on the 30th of Lecember following. The plaintiff was one of the mortgagees, and neither he nor his co-mortgagee was…
2Cases cited7 opinions
- Watson & Polhemus v. SpenceNew York Supreme Court · 1838
- Betts v. StarrSupreme Court of Connecticut · 1825
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- Lyon v. SanfordSupreme Court of Connecticut · 1825
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