Prow v. Munie
California Supreme Court
The opinion -of the Court contains a full statement of this case. Cited 4 Teates, 111: 2 Binney, 40; 1 Barr, 493 : 4 Johns. 216; 1 Edward’s Ch. R. 652; 8 Wend. 620; 5 Binney, 588.
1Opinion of the Court
Mr. Ch. J. Murray
delivered the opinion of the Court.
Mr. J. Heydeneeldt concurred.
This appeal is prosecuted from an order of the Court below, refusing to apply a certain amount of money in the hands of the Sheriff, collected on an execution, in favor of Rose v. Munie, to the payment of a mechanics’ lien.
By the record, it appears that Munie, for .the [174] purpose of * erecting a theater, mortgaged his leasehold interest in a certain lot in San Francisco, as well as the building to be erected thereon, to the respondent Rose, who afterwards foreclosed said mortgage, and caused the premises to be…
2Cited by4 opinions
- Le Clert v. OullahanCalifornia Supreme Court · 1877
- Schweitzer v. BuserPassaic County Circuit Court, N.J. · 1936
- Burke County v. OaklandNorth Dakota Supreme Court · 1927
- In re Estate of Noon, Superior Court of California, County of San Francisco1894