Christie v. Sherwood
California Supreme Court
Appeal from a judgment of the Superior Court of Lake County. R. W. Crump, Judge. The facts are stated in the opinion.
1Opinion of the Court
Haynes, C.
Defendant, Dwight Sherwood, executed his note and mortgage to the plaintiff on December 3, 1887, and that mortgage was recorded December 20, 189Ó.
On March 4, 1890, Sherwood executed to the Bank of Lake another note and mortgage on the same lands (and certain other parcels) and this mortgage was recorded May 5, 1890.
Plaintiff’s mortgage is for two thousand dollars, that of the bank for four thousand dollars, and the property mortgaged is insufficient to satisfy both. The court below held that plaintiff’s mortgage, though last recorded, was the first lien on that part of the land…
2Cases cited2 opinions
- The Distilled SpiritsSupreme Court of the United States · 1871
- Yerger v. BarzSupreme Court of Iowa · 1881
3Cited by13 opinions
- Bogart v. George K. Porter Co.California Supreme Court · 1924
- Cooke v. MesmerCalifornia Supreme Court · 1912
- First State Bank of Keota v. BridgesSupreme Court of Oklahoma · 1913
- Schiffman v. Richfield Oil Co.California Supreme Court · 1937
- Hanlon v. Western Loan & Building Co.California Court of Appeal · 1941
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