Hentsch v. Porter
California Supreme Court
Appeal from, the District Court of the Twelfth Judicial District, County of San Francisco. A sufficient statement of the facts to understand the points decided, appears in the opinion of the Court. The case was first decided at the July Term, but a re-argument was subsequently had at the October Term.
1Opinion of the CourtBurnett, J.
This was a bill to foreclose a mortgage against the defendant, administrator of Lyman Mowry, deceased, Mary A. Mowry, his widow, and L. Sawyer, who claimed some interest in the mortgaged premises. The defendants were regularly served, and made default, and a decree was taken for a sale of the mortgaged premises, and a judgment over against the administrator for the deficiency, if any, and for costs. From this decree, the defendants appealed.
The learned counsel for the defendants rely upon the fact that there is no allegation in the complaint that the claim was presented to the administrator,…
2Cases cited5 opinions
- Ellissen v. HalleckCalifornia Supreme Court · 1856
- Higgins v. FreemanThe Superior Court of New York City · 1853
- Garner v. MarshallCalifornia Supreme Court · 1858
- Belloc v. RogersCalifornia Supreme Court · 1858
- Callagan v. HallettNew York Supreme Court · 1803
3Cited by32 opinions
- Burke v. MaguireCalifornia Supreme Court · 1908
- Radar v. RogersCalifornia Supreme Court · 1957
- Bemmerly v. WoodwardCalifornia Supreme Court · 1899
- Kyle v. CraigCalifornia Supreme Court · 1899
- Alexander v. McDowCalifornia Supreme Court · 1895
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