Carpentier v. Brenham
California Supreme Court
Appeal from the District Court, Twelfth Judicial District, City and County of San Francisco. On the 23d day of March, 1855, B. C. Sanders and defendant Brenham owed S. Moss, Jr., the sum of fifty thousand dollars, and gave him their note, with interest at three per cent, per month, and, to secure the note, mortgaged to him f0"0\ parts, undivided, of a part of the Rancho San Antonio, in the town of Oakland, county of Alameda.
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Appeal from the District Court, Twelfth Judicial District, City and County of San Francisco. On the 23d day of March, 1855, B. C. Sanders and defendant Brenham owed S. Moss, Jr., the sum of fifty thousand dollars, and gave him their note, with interest at three per cent, per month, and, to secure the note, mortgaged to him f0"0\ parts, undivided, of a part of the Rancho San Antonio, in the town of Oakland, county of Alameda. The note and mortgage were soon assigned to J. Mora Moss. On the 26th day of October, 1855, said Sanders and Brenham mortgaged the same land to Catharine Hayes, to secure…
1Opinion of the Court
By the Court, Crockett, J.:
When the case was here on the former appeal, we decided that after Moss had acquired the title of Brenham under the foreclosure proceedings, the only right of Catharine Hayes, the junior mortgagee, was to redeem from the prior mortgage, which in a court of equity would be deemed to be a *551subsisting ancl valid mortgage lien, for the protection of Moss and those claiming under him. (40 Cal. 221.) That ruling has become the law of the case, and its correctness cannot be questioned in any subsequent stage of the action. The first point, therefore, to be considered on the…
Also in this document: Concurrence.
2Cases cited1 opinion
- Carpentier v. BrenhamCalifornia Supreme Court · 1870
3Cited by10 opinions
- Baar v. SmithCalifornia Supreme Court · 1927
- Pascoe v. MorrisonCalifornia Supreme Court · 1933
- Cummings v. KetchumCalifornia Supreme Court · 1888
- Hansen v. HevenerCalifornia Court of Appeal · 1924
- McPherson v. WestonCalifornia Supreme Court · 1883
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