Jones v. Parsons
California Supreme Court
Appeal from the District Court, Fifth Judicial District, Tuolumne County. The note given by Brunton to Jones, the plaintiff, on the 7th of November, 1857, and to secure which he executed the mortgage, was for the sum of two thousand two hundred and forty-three dollars and eighty-nine cents, and was payable three years from date. In October, 1860, Brunton died, and James Parsons was appointed administrator of his estate.
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Appeal from the District Court, Fifth Judicial District, Tuolumne County. The note given by Brunton to Jones, the plaintiff, on the 7th of November, 1857, and to secure which he executed the mortgage, was for the sum of two thousand two hundred and forty-three dollars and eighty-nine cents, and was payable three years from date. In October, 1860, Brunton died, and James Parsons was appointed administrator of his estate. This action was commenced October 24th, 1862. The defendant, Reed, was made such, because he had purchased the property at a tax sale, and had obtained a tax deed. He demurred…
1Opinion of the Court
By the Court, Rhodes, J.
Thomas C. Brunton, made to' the plaintiff his promissory note, on the 17th of November, 1857, and to secure its payment, at the same time executed a mortgage of the undivided third of the Yorktown and Sonora Water Ditches. The plaintiff now seeks to foreclose the mortgage against the administrator of Brunton (now deceased) and Brunton’s vendees. The Court rendered judgment against the administrator, but refused to foreclose the mortgage. The plaintiff appeals from that portion of the judgment refusing to foreclose the mortgage and from the order refusing a new trial.
It…
2Cases cited4 opinions
- Pierce v. JacksonMassachusetts Supreme Judicial Court · 1810
- Washburn v. Bank of Bellows FallsSupreme Court of Vermont · 1847
- Conroy v. WoodsCalifornia Supreme Court · 1859
- Coe v. SmithNew York Supreme Court · 1840
3Cited by7 opinions
- Duryea v. BurtCalifornia Supreme Court · 1865
- Priest v. ChouteauSupreme Court of Missouri · 1884
- Whelan v. ShainCalifornia Supreme Court · 1896
- Golden State & Miners' Iron-Works v. DavidsonCalifornia Supreme Court · 1887
- Candelaria v. VallejosNew Mexico Supreme Court · 1905
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