Ex-Mission Land & Water Co. v. Flash
California Supreme Court
Appeal from a judgment of the Superior Court of San Diego County, and. from an order denying a new trial. The facts are stated in the opinion.
1Opinion of the Court
Vanclief, C.
The defendants, having foreclosed a mortgage on the laud of the plaintiff, purchased the land at the foreclosure sale for a sum less than the amount due on the mortgage, and caused a judgment to be docketed against the plaintiff for the deficiency. The plaintiff brought this action to set aside and annul the decree of foreclosure and the judgment for the deficiency, and also to cancel the notes and mortgage on which the decree was founded, on the alleged ground of fraud in procuring the notes and mortgage.
The judgment of the court below was in favor of the plaintiff, granting all…
2Cases cited3 opinions
- Getty v. . DevlinNew York Court of Appeals · 1873
- Pittsburg Mining Co. v. SpoonerWisconsin Supreme Court · 1889
- Baker v. O'RiordanCalifornia Supreme Court · 1884
3Cited by32 opinions
- Olivera v. GraceCalifornia Supreme Court · 1942
- Victor Oil Co. v. DrumCalifornia Supreme Court · 1920
- McGuinness v. Superior CourtCalifornia Supreme Court · 1925
- Lomita Land and Water Co. v. RobinsonCalifornia Supreme Court · 1908
- Yale Gas Stove Co. v. WilcoxSupreme Court of Connecticut · 1894
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