Wolf v. Fogarty
California Supreme Court
Appeal from the District Court of the Twelfth Judicial District. This was a bill to foreclose a mortgage made to plaintiff by Constant A. Duprey. William Fogarty is made a defendant as claiming a lien on the property.
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Appeal from the District Court of the Twelfth Judicial District. This was a bill to foreclose a mortgage made to plaintiff by Constant A. Duprey. William Fogarty is made a defendant as claiming a lien on the property. On trial, Fogarty offered in evidence a mortgage made to him in 1854, and recorded May 23d, 1854, while plaintiff’s mortgage was executed and recorded April 9th, 1855. The plaintiff objected to its introduction, on the ground of its defective certificate of acknowledgment, which objection was sustained by the Court, on the ground that the record of the mortgage imparted no…
1Opinion of the Court
The opinion of the Court was delivered by Mr. Justice Terry.
Mr. Chief Justice Murray concurred.
The only question presented by the record, is as to the sufficiency of a certificate of acknowledgment to a certain mortgage given by one Duprey to defendant Fogarty. The certificate is as follows :
*225“ On this 12th day of May, 1854, before me, a notary public in and for the County of San Francisco, personally appeared Constant A. Du-prey, to be the individual described in, and who executed the foregoing instrument, and the said Constant A. Duprey acknowledged that he executed the same voluntarily and…
2Cited by7 opinions
- Fogarty v. FinlayCalifornia Supreme Court · 1858
- Cannon v. DemingSouth Dakota Supreme Court · 1892
- Rolando v. EverettCalifornia Court of Appeal · 1946
- Johnson v. Badges Mill & Mining Co.Nevada Supreme Court · 1878
- Lalakea v. Hilo Sugar Co.Hawaii Supreme Court · 1904
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