Belloc v. Davis
California Supreme Court
Appeal from the District Court of the Third District, County of Alameda. This suit was brought against Davis and wife, as the makers of a note and mortgage, and against the other defendants as purchasers and subsequent encumbrancers of the mortgaged premises, to obtain judgment on the note and to foreclose the equity of redemption of all the defendants.
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Appeal from the District Court of the Third District, County of Alameda. This suit was brought against Davis and wife, as the makers of a note and mortgage, and against the other defendants as purchasers and subsequent encumbrancers of the mortgaged premises, to obtain judgment on the note and to foreclose the equity of redemption of all the defendants. The suit was dismissed as to Hathaway, and judgment was rendered in favor of Mulford, a purchaser of a portion of the mortgaged premises, as to which the plaintiff had released his mortgage, and a decree entered quieting his title. Judgment…
1Opinion of the Court
Crockett, J., delivered the following opinion, in which Sprague, J., concurred:
The defendants, Davis and wife, being indebted to the plaintiff, Belloc, in the sum of $16,000, on the 11th day of October, 1861, executed and delivered to him their promissory note of that date, payable six months after date, with interest payable monthly, and with the following clause in the note, to wit, “ and in case default be made in any payment of interest, when the same shall become due as aforesaid, then the whole amount of principal and interest to become due and payable, immediately, upon such default.”…
2Cases cited2 opinions
- People ex rel. Mulford v. MayhewCalifornia Supreme Court · 1864
- Smith v. GreerCalifornia Supreme Court · 1866
3Cited by37 opinions
- San Antonio Real Estate Building & Loan Ass'n v. StewartTexas Supreme Court · 1901
- Wood v. GoodfellowCalifornia Supreme Court · 1872
- Searles v. GonzalezCalifornia Supreme Court · 1923
- Bisno v. SaxCalifornia Court of Appeal · 1959
- Wells, Fargo & Co. v. EnrightCalifornia Supreme Court · 1900
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