Began v. O'Reilly

By the Court, Shafter, J.:

This was an action for the foreclosure of a mortgage bearing date May 16, 1865, executed by the defendants, John and Michael O’Reilly, to the plaintiff. The defendant Cox, who appeals from the judgment, was made a party on the ground that he claimed some lien on the premises, “ which lien is subsequent to the lien of the plaintiff.” The answer of Cox begins with a detailed confession of what is charged against him, in a general way, in the complaint. That is to say, the answer alleges that the O’Reillys mortgaged to Cox on the 10th of June, 1865, all the land, mining…