Legal Opinion

Kelsey v. Abbott

California Supreme Court

Decided July 1, 1859PublishedCited by 33 opinions

Appeal from the Fourteenth District. The facts sufficiently appear in the opinion. Plaintiff had judgment of foreclosure, and defendant, Clark, appeals.

1Opinion of the CourtBaldwin, J.

Terry, C. J. concurring.

Several questions of extraordinary interest and importance arise in this case, and they have been argued with much force and learning.

The facts are few and simple.

The Respondent filed his bill in equity to foreclose a mortgage executed to him by Abbott & Edwards, on a certain lot in the city of Nevada. To this bill the mortgagors alone were made defendants, but afterward the plaintiff amended his bill ' and made Clark a party j the bill charging that Clark claimed some interest in the property acquired after the execution of the mortgage. Abbott & Edwards made default.…

2Cases cited1 opinion

  1. Estate of MitchellCalifornia Supreme Court · 1938

3Cited by33 opinions

  1. McMinn v. WhelanCalifornia Supreme Court · 1865
  2. Emeric v. AlvaradoCalifornia Supreme Court · 1891
  3. Grimm v. O'ConnellCalifornia Supreme Court · 1880
  4. Randle v. BoydSupreme Court of Alabama · 1882
  5. Christy v. FisherCalifornia Supreme Court · 1881

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