Cross v. Zellerbach

These cases have been argued and submitted *636together. The first is an appeal by the defendant Zellerbach, and the second an appeal by the defendant, the Eureka Lake and Yuba Canal Company Consolidated. These defendants and the plaintiff are the real parties to the controversy. On the first appeal of Zellerbach, reported in 55 Cal 431, the appeal came up and was considered on, (1) the complaint filed July 1, 1864, by Sigourney—the present plaintiff’s intestate—which complaint was in the usual form for the foreclosure of a mortgage given to secure the payment of a promissory note for ten…