Legal Opinion

Frates v. Sears

California Supreme Court

Decided July 26, 1904No. S.F. No. 3447PublishedCited by 12 opinions

The facts are stated in the opinion.

1Opinion of the Court

GRAY, C.

This action is to foreclose a mortgage. The mortgagor and Redfield, a prior mortgagee, were made defendants. The plaintiff was denied all relief except a personal judgment against Sears, the mortgagor, for $1,412.25, the amount of her claim, and she appeals from the judgment.

The defendant Redfield held a note and mortgage on real estate against the defendant Sears for eight hundred dollars, dated April 21, 1893, and due one year after date. The plaintiff, Frates, held a note and mortgage on the same real estate against said Sears for seven hundred and fifty dollars, dated December 6,…

2Cases cited3 opinions

  1. Carpentier v. BrenhamCalifornia Supreme Court · 1870
  2. Brandenstein v. JohnsonCalifornia Supreme Court · 1903
  3. Falconer v. CochranSupreme Court of Minnesota · 1897

3Cited by12 opinions

  1. Boucofski v. JacobsenUtah Supreme Court · 1909
  2. Paramount Securities Co. v. DazeCalifornia Court of Appeal · 1933
  3. Utah Implement-Vehicle Co. v. BowmanDistrict Court, D. Idaho · 1913
  4. Ekmann v. Plumas County BankCalifornia Supreme Court · 1932
  5. Graves v. SeifriedUtah Supreme Court · 1906

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