Wormouth v. Hatch
California Supreme Court
Appeal from the District Court, Twelfth Judicial District, City and County of San Francisco. This action was commenced in said Court February 6th, 1866. The plaintiff avers, substantially, in complaint, (in addition to the facts stated in the opinion of the Court,) that W. and A. Elder became, by several conveyances • to each, the purchasers of the property described in the Pangburn mortgage on and before September 7th, 1862; that a part of the consideration of said purchase…
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Appeal from the District Court, Twelfth Judicial District, City and County of San Francisco. This action was commenced in said Court February 6th, 1866. The plaintiff avers, substantially, in complaint, (in addition to the facts stated in the opinion of the Court,) that W. and A. Elder became, by several conveyances • to each, the purchasers of the property described in the Pangburn mortgage on and before September 7th, 1862; that a part of the consideration of said purchase by, and conveyance to, said Elders, was the amount due and to grow due on the Pang-burn note and mortgage, and that…
1Opinion of the Court
By the Court, Shafter, J.:
In foreclosure. It is charged in the complaint that one Pangburn and wife executed on the 29th of February, 1860, a mortgage to the plaintiff to secure Pangburn’s note of that date for the sum of three thousand eight hundred dollars, with interest, payable to the plaintiff or order in six months after date. That the title to the land passed through a series of conveyances from Pangburn to the defendants, the title vesting in them on the 17th of November, 1864, one and one half months after the note was barred. Should it be considered that this Pangburn mortgage is…
2Cases cited3 opinions
- Canfield v. TobiasCalifornia Supreme Court · 1863
- Baker v. BartolCalifornia Supreme Court · 1857
- de Racouillat v. ReneCalifornia Supreme Court · 1867
3Cited by10 opinions
- Allen v. Cal. Mut. Bldg & Loan Ass'nCalifornia Supreme Court · 1943
- Kidwell v. KetlerCalifornia Supreme Court · 1905
- Estate of WallCalifornia Supreme Court · 1921
- Weinberger v. WeidmanCalifornia Supreme Court · 1901
- Lindsay v. MacKCalifornia Court of Appeal · 1935
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