Legal Opinion

Essey v. Phillips

California Court of Appeal

Decided December 18, 1933No. Docket No. 7919PublishedCited by 3 opinions

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

  1. Tupman v. HaberkernCalifornia Supreme Court · 1929
  2. Williams v. NaftzgerCalifornia Supreme Court · 1894
  3. Roberts v. FitzallenCalifornia Supreme Court · 1898
  4. Robson v. O'TooleCalifornia Court of Appeal · 1919
  5. Williams v. ColemanCalifornia Court of Appeal · 1924

3Cited by3 opinions

  1. Bank of America National Trust and Savings Ass'n v. DennisonCalifornia Court of Appeal · 1935
  2. Birkhofer v. KrummCalifornia Court of Appeal · 1935
  3. Magnolia Park National Bank v. Banks, Huntley & Co.California Court of Appeal · 1935

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