Croghan v. Minor
California Supreme Court
Appeal from the District Court of the Eighth Judicial District, Humboldt County. The action .was brought to foreclose a mortgage, and the defendant Spence, who claimed title adversely to the plaintiff, was impleaded with the mortgagee, defendant Minor. Judgment was rendered against both defendants, and they appealed.
1Opinion of the Court
By the Court :
There is in the record no finding of the fact alleged in the complaint, but denied in the answer, that defendant Spence “ has or claims to have some interest in or claim upon said premises, or some part thereof, as purchaser, mortgagee, judgment-creditor, pre-emption or homestead claimant, or otherwise, which interests or claims are subsequent to and subject to the lien of the plaintiff’s mortgage’’
On the contrary, the Court finds facts showing that the asserted claim of defendant Spence is not subject to the lien of plaintiff’s mortgage, and that the alleged interest of. said…
2Cases cited1 opinion
- Burton v. LiesCalifornia Supreme Court · 1862
3Cited by13 opinions
- Mercantile Trust Co. v. Sunset Road Oil Co.California Supreme Court · 1917
- Johnston v. S.F. Savings UnionCalifornia Supreme Court · 1888
- McClanahan's Administrator v. Norfolk & Western Railway Co.Supreme Court of Virginia · 1918
- Dobbins v. Economic Gas Co.California Supreme Court · 1920
- Faubion v. RogersTexas Supreme Court · 1886
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