Hayes v. Shattuck
California Supreme Court
Appeal from the Fourth Judicial District. On the eleventh day of FTovember, 1854, Daniel McMillan and Mary B., his wife, executed a mortgage to Creo. 0. Whitney upon a lot in San Francisco on which they were then residing. The mortgage was signed and acknowledged by both parties, but in the body of the instrument the wife alone was mentioned as the grantor. In April, 1855, an action to foreclose this mortgage was commenced by Whitney in the Fourth District Court.
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Appeal from the Fourth Judicial District. On the eleventh day of FTovember, 1854, Daniel McMillan and Mary B., his wife, executed a mortgage to Creo. 0. Whitney upon a lot in San Francisco on which they were then residing. The mortgage was signed and acknowledged by both parties, but in the body of the instrument the wife alone was mentioned as the grantor. In April, 1855, an action to foreclose this mortgage was commenced by Whitney in the Fourth District Court. A complaint was filed, but no summons was ever issued. On the sixth day of April an answer was filed on behalf of McMillan and wife…
1Opinion of the CourtNorton, J.
Field, C. J. and Cope, J. concurring.
This is an action of ejectment, in which the plaintiff claims title through a decree of foreclosure of a mortgage claimed to have been executed by one McMillan and his wife upon the premises in question. The defendant claims under a lease from McMillan and wife.
On the trial, the plaintiff offered in evidence the record of the foreclosure proceedings, to which the defendant objected, on the ground that it appeared that no summons had been issued in the case, and no evidence was given of an authority to the attorney who put in an answer for the defendants.…
2Cited by15 opinions
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