Blankman v. Vallejo
California Supreme Court
Appeal from the Third District. Foreclosure on bond and mortgage. The averments in the complaint as to the bond are: “ That on the twenty-sixth day of December, 1853, the above named defendants, José de Jesus Vallejo and Soledad de Vallejo, his wife, etc., made and executed under their hands and seals, and delivered to the said plaintiffs, a bond, bearing date on that day, in the sum of $30,000, with a condition thereunder written in substance, that if the obligors in the…
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Appeal from the Third District. Foreclosure on bond and mortgage. The averments in the complaint as to the bond are: “ That on the twenty-sixth day of December, 1853, the above named defendants, José de Jesus Vallejo and Soledad de Vallejo, his wife, etc., made and executed under their hands and seals, and delivered to the said plaintiffs, a bond, bearing date on that day, in the sum of $30,000, with a condition thereunder written in substance, that if the obligors in the said bond, their heirs, etc., should well and truly pay, or cause to be paid, to the obligees, etc., the just and full sum…
1Opinion of the CourtBaldwin, J.
Field, J. concurring.
t Bill filed by the respondent to foreclose a mortgage. The mortgage was made to secure a debt of $ 30,000.
Two errors are assigned: 1. That there was a variance between the bond offered in evidence and that described in the mortgage, and therefore, the mortgage was improperly admitted in evidence.
It is not pretended that there was any variance between the bond and the complaint. The point is, that the mortgage recites a particular bond, and that the bond offered in proof does not answer to this description. But this is not matter of variance, properly so-called; it *644is a…
2Cases cited1 opinion
- Jackson ex. dem. Merrit v. BowenNew York Supreme Court · 1827
3Cited by35 opinions
- Davis v. JudsonCalifornia Supreme Court · 1910
- Gordon v. RobertsCalifornia Supreme Court · 1912
- People v. KnutteCalifornia Supreme Court · 1896
- First State Bank v. LarsenMontana Supreme Court · 1922
- De Laguna Spaulding v. JonesCalifornia Court of Appeal · 1953
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