Legal Opinion

Tolman v. Smith

California Supreme Court

Decided December 20, 1887No. 12177PublishedCited by 5 opinions

Appeal from a judgment of the Superior Court of Los Angeles County, and from an order refusing a hew trial. The facts are stated in the opinion.

1Opinion of the Court

Foote, C.

This is an action to correct a defective acknowledgment to a mortgage as against Eunice W. Smith, a married woman, and others, and to foreclose the same. William Reed intervened in order to foreclose two mortgages upon the property included in the instrument sought first to be foreclosed. Plaintiff, Tolman, pleaded full satisfaction of Reed’s mortgages. The court found in favor of the plaintiff on that issue. Judgment was rendered by that tribunal in favor of the plaintiff against Eunice W. Smith as prayed for, and that the mortgages of the intervenor, Reed, be canceled and declared…

2Cases cited5 opinions

  1. Williams v. Santa Clara Mining Ass'n of Balt.California Supreme Court · 1884
  2. Wedel v. HermanCalifornia Supreme Court · 1881
  3. Leonis v. LazzarovichCalifornia Supreme Court · 1880
  4. Hassey v. WilkeCalifornia Supreme Court · 1880
  5. Joseph v. DoughertyCalifornia Supreme Court · 1882

3Cited by5 opinions

  1. Tolman v. SmithCalifornia Supreme Court · 1890
  2. Cordano v. WrightCalifornia Supreme Court · 1911
  3. In Re Estate of HewittCalifornia Court of Appeal · 1923
  4. Terrell v. ScottSupreme Court of Oklahoma · 1927
  5. McKee v. BuckNorth Dakota Supreme Court · 1942

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API