Ord v. McKee
California Supreme Court
Appeal from the District Court of the Ninth Judicial District, Colusi County. This was an action for the foreclosure of a mortgage made by defendants, Monroe and Felt, to McKee, to secure the payment of three promissory notes made by Monroe and Felt to James L. Ord, agent of William H. McKee, for the purchase price of lands owned by McKee. Ord held a power of attorney to sell all lands belonging to McKee situated in the Sacramento valley.
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Appeal from the District Court of the Ninth Judicial District, Colusi County. This was an action for the foreclosure of a mortgage made by defendants, Monroe and Felt, to McKee, to secure the payment of three promissory notes made by Monroe and Felt to James L. Ord, agent of William H. McKee, for the purchase price of lands owned by McKee. Ord held a power of attorney to sell all lands belonging to McKee situated in the Sacramento valley. Accompanying this power of attorney, was an agreement that Ord should be entitled to the one-half of all the profits arising from the sale of the lands. The…
1Opinion of the CourtHeydenfeldt, J.
Murray, C. J., concurred.
The note sued on in this case was payable to the plaintiff, and although it described him as agent of McKee, this did not take away his right to sue in his own name at law. Then, to entitle him to go into equity and seek a foreclosure of the mortgage, depended simply upon the fact, whether he was really interested in the subject matter.
It is not disputed, that by the contract with McKee, he was fully entitled to one-half of the note; nor can his right of action be defeated on the ground that the mortgage to secure the ■ payment of the note was made to McKee and not to…
2Cited by9 opinions
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