Baber v. McLellan
California Supreme Court
Appeal from the District Court, Eleventh Judicial District, El Dorado County. Ejectment against defendant, Anna McLellan, who was the tenant of Anna E. Irwin, .the intervenor. The agreement that Weston should hold the certificate of sale as security was not in writing. Defendant and intervenor had judgment in the Court below, and plaintiff appealed. The other facts are stated in the opinion of the Court.
1Opinion of the Court
By the Court, Shaftee, J.:
On the 30th of June, 1858, one Conway recovered judgment in foreclosure against Fountain for the sum of one thousand three hundred and eleven dollars and ten cents and costs. The sale of the real estate covered by the mortgage and decree took place on the 24th of July, 1858, and Conway became *137purchaser at four hundred and fifty dollars, and received a Sheriff’s certificate. On the 15th of November, 1858, while Fountain’s right to redeem was yet on. foot, he and Conway and one Weston entered into a parol agreement to the effect that if Weston would give to Conway his…
2Cases cited1 opinion
- People ex rel. Mulford v. MayhewCalifornia Supreme Court · 1864
3Cited by3 opinions
- Otis v. McMillan & SonsSupreme Court of Alabama · 1881
- McNary v. WrightmanOregon Supreme Court · 1898
- San Jose Safe Deposit Bank of Savings v. Bank of MaderaCalifornia Supreme Court · 1898