Frisbie v. Fogarty
California Supreme Court
Appeal from the District Court, Seventh Judicial District, Napa County. This action was brought against Ellen Fogarty McAdams and Peter McAdams, her husband, Catharine F. Barry and Michael Barry, her husband, Patrick Fogarty and Mary Fogarty, his wife, Patrick Fogarty, administrator of the estate of Thomas Fogarty, deceased, Joseph B. Thomas, James Graves, John D. Arthur, and William W. Arthur.
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Appeal from the District Court, Seventh Judicial District, Napa County. This action was brought against Ellen Fogarty McAdams and Peter McAdams, her husband, Catharine F. Barry and Michael Barry, her husband, Patrick Fogarty and Mary Fogarty, his wife, Patrick Fogarty, administrator of the estate of Thomas Fogarty, deceased, Joseph B. Thomas, James Graves, John D. Arthur, and William W. Arthur. The complaint averred, that September 1st, 1858, Patrick Fogarty, and Thomas Fogarty, the deceased, executed a mortgage to the plaintiff on a tract of land, and at the time were tenants in common in…
1Opinion of the Court
By the Court, Shaeter, J.:
The plaintiff’s right to the writ of assistance depends entirely upon whether the judgment in the foreclosure suit, to which Barry and wife were confessedly parties, comprehends them and their interests by its terms. There is no jurisdictional point involved, and none of error, affecting the judgment. The only inquiry is as to what the decree says.
By the decree speaking in rem, “ it is ordered, adjudged and decreed that all and singular the mortgaged premises mentioned in the complaint in this cause and hereinafter *14described, or so much thereof as may be sufficient…
2Cited by4 opinions
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- Fox v. StubenrauchCalifornia Court of Appeal · 1905
- Anderson v. ThompsonArizona Supreme Court · 1889