Essey v. Phillips
California Court of Appeal
1Opinion of the CourtHouser, J.
The pertinent facts adduced by the evidence introduced on the trial of the action in the trial court appear to be as follows:
One Herman was the owner of certain real property subject to the lien of a mortgage thereon in the sum of $11,000, which real property he sold to Maud P. Phillips, appellant herein, for the sum of $18,000;—in payment of which Mrs. Phillips gave to Herman $3,000 in cash, a promissory note executed by her in favor of Herman for the sum of $4,000 secured by a deed of trust (or second lien) on the property; and assumed the existing indebtedness of $11,000 thereon.…
2Cases cited5 opinions
- Tupman v. HaberkernCalifornia Supreme Court · 1929
- Williams v. NaftzgerCalifornia Supreme Court · 1894
- Roberts v. FitzallenCalifornia Supreme Court · 1898
- Robson v. O'TooleCalifornia Court of Appeal · 1919
- Williams v. ColemanCalifornia Court of Appeal · 1924
3Cited by3 opinions
- Bank of America National Trust and Savings Ass'n v. DennisonCalifornia Court of Appeal · 1935
- Birkhofer v. KrummCalifornia Court of Appeal · 1935
- Magnolia Park National Bank v. Banks, Huntley & Co.California Court of Appeal · 1935