Legal Opinion

Prouty v. Devin

California Supreme Court

Decided September 13, 1897No. 18,301PublishedCited by 28 opinions

APPEAL from an order of tbe Superior Court of Sacramento County denying a new trial. W. C. Yan Fleet, Judge. Tbe facts are stated in tbe opinion of tbe court.

1Opinion of the CourtHenshaw, J.

Plaintiff, Prouty, was tbe owner of a mortgage executed by tbe defendant Mrs. L. A. Devin. He brought bis action seeking a decree establishing bis mortgage as a lien upon tbe property prior to that of a mortgage executed by Mrs. Devin and her husband to defendant Bates, which last mortgage was later in execution, but prior in recordation.

The undisputed facts are, that Mrs. Devin purchased the property upon which the mortgages were given, paying therefor eight thousand dollars, five thousand dollars of which was lent to her by defendant Bates, who is her father. For the remainder of the…

2Cases cited1 opinion

  1. Bank of Mendocino v. BakerCalifornia Supreme Court · 1889

3Cited by28 opinions

  1. Cooper v. FlesnerSupreme Court of Oklahoma · 1909
  2. I. E. Associates v. Safeco Title InsuranceCalifornia Supreme Court · 1985
  3. The Title & Document Restoration Co. v. KerriganCalifornia Supreme Court · 1906
  4. Kenniff v. CaulfieldCalifornia Supreme Court · 1903
  5. Shapiro v. Equitable Life Assurance SocietyCalifornia Court of Appeal · 1946

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