Montgomery v. Merrill
California Supreme Court
Appeal by defendants from the judgment of the Superior Court of the County of Colusa. Blanchard,-J. Action of foreclosure of mortgage. The facts are stated in the opinion of the Court.
1Opinion of the Court
McKee, J.:
This appeal is taken on the judgment roll, from a final judgment entered on the pleadings in the case. The judgment was entered in an action commenced December 8, 1881, to foreclose a mortgage given to secure payment of a promissory note and a counsel fee, at the rate of five per cent, upon the principal and interest due upon the note in case of foreclosure. In the complaint it was alleged that the wife of the mortgagor, who was named in the complaint as a party defendant, had or claimed to have some interest in or lien upon the mortgage premises, which she claimed to have acquired…
2Cases cited2 opinions
- Hemme v. HaysCalifornia Supreme Court · 1880
- Hastings v. CunninghamCalifornia Supreme Court · 1870
3Cited by5 opinions
- People v. BennettCalifornia Court of Appeal · 1926
- Prichard v. KimballCalifornia Supreme Court · 1923
- Boscus v. BohligCalifornia Supreme Court · 1916
- Bradford v. DorseyCalifornia Supreme Court · 1883
- Crew v. HutchesonSupreme Court of Georgia · 1902