Legal Opinion

Germania Building & Loan Ass'n v. Wagner

California Supreme Court

Decided August 29, 1882No. 8,394PublishedCited by 17 opinions

Appeal from a judgment for the defendants, and from an order denying a motion for a new trial, in the Superior Court of the County of Sacramento.

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Appeal from a judgment for the defendants, and from an order denying a motion for a new trial, in the Superior Court of the County of Sacramento. Denson, J. The notices of lien referred to in the opinion, were as follows: “Notice is hereby given that the Sacramento Lumber Company, a corporation doing business as lumber dealers in the County of Sacramento, State of California, under the corporate name of Sacramento Lumber Company, claim a lien by virtue of the laws of this State on the brick building and appurtenances, and the land on which the same is situate, described as follows: The south…

1Opinion of the Court

Morrison, C. J.:

Plaintiff brought this suit to foreclose two mortgages on certain premises in the city of Sacramento, and made defendants parties, under'a general allegation in the complaint that they have or claim to have some interest in the property, as the holders of mechanics’ liens or otherwise, which interest or claim is subsequent and subordinate to the lien of the plaintiff. It appears from the bill of exceptions that the mortgage first described in the complaint was made on the first day of April, 1881, and the second mortgage was executed on the nineteenth day of May, 1881.

The…

2Cited by17 opinions

  1. Miller v. LucoCalifornia Supreme Court · 1889
  2. Bates v. County of Santa BarbaraCalifornia Supreme Court · 1891
  3. Bulwer Consolidated Mining Co. v. Standard Consolidated Mining Co.California Supreme Court · 1890
  4. Islais & Salinas Water Co. v. AllenCalifornia Supreme Court · 1901
  5. Davies Henderson Lumber Co. v. GottschalkCalifornia Supreme Court · 1889

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