Ede v. Johnson
California Supreme Court
Appeal from the Fourteenth District. This action was brought to foreclose the following mortgage upon certain shares of the capital stock of the “ Sears Union Water Company ”—a corporation for mining purposes in Sierra county: “ Know all men by these presents, that we, R. M. Johnson and Henry Critcher, late merchants of Pine Grove, Sierra, California, and now residents of said county, in consideration of the sum of three thousand dollars, and five hundred to us in hand paid,…
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Appeal from the Fourteenth District. This action was brought to foreclose the following mortgage upon certain shares of the capital stock of the “ Sears Union Water Company ”—a corporation for mining purposes in Sierra county: “ Know all men by these presents, that we, R. M. Johnson and Henry Critcher, late merchants of Pine Grove, Sierra, California, and now residents of said county, in consideration of the sum of three thousand dollars, and five hundred to us in hand paid, the receipt whereof is hereby acknowledged—have this day bargained, sold and conveyed ; and by these presents do…
1Opinion of the CourtCope, J.
Baldwin, J. concurring.
This is an action to foreclose a mortgage upon certain shares of the capital stock of the Sears Union Water Company. The plaintiff recovered a judgment, and two of the defendants appeal to this Court. These defendants claim, that by means of certain legal proceedings against the mortgagors, subsequent to the execution of the mortgage, they became the owners of the property in question, and that, as between them and the plaintiff, the mortgage is invalid.
The objections to the validity of the mortgage, we think, are not well taken. It was intended to conform to the…
2Cited by19 opinions
- State v. Board of County CommissionersNevada Supreme Court · 1869
- Metcalf v. PrescottMontana Supreme Court · 1891
- Fairbanks, Morse & Co. v. GetchellCalifornia Court of Appeal · 1910
- First National Bank v. Clifton Armory Co.Arizona Supreme Court · 1912
- People v. WilliamsCalifornia Court of Appeal · 1965
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