Angier v. Masterson
California Supreme Court
Appeal from the District Court of the Fifth Judicial District, County of San Joaquin. The plaintiff filed his verified hill to foreclose a mortgage upon a certain ranch in San Joaquin County, on the 2d day of January, 1855, against Edward Masterson, and Mary Ann, his wife.
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Appeal from the District Court of the Fifth Judicial District, County of San Joaquin. The plaintiff filed his verified hill to foreclose a mortgage upon a certain ranch in San Joaquin County, on the 2d day of January, 1855, against Edward Masterson, and Mary Ann, his wife. The answer, which was not verified, sets up in defence that subsequent to the maturity of the mortgage debt, the plaintiff and defendants entered into an agreement, by which the defendants assigned to the plaintiff the rents of the mortgaged premises, until full payment of the debt and interest, and the plaintiff agreed to…
1Opinion of the Court
The opinion of the Court was delivered by Mr. Justice Heydenfeldt.
Mr. Chief Justice Murray concurred.
The statement of the case is very meagre, and discloses nothing to show that there was error in the trial below. It was no error to allow the defendant to verify his answer before trial, unless it in some way took the plaintiff by surprise, and this is not shown.
The written agreement offered in evidence was set up in the answer, to show that the plaintiff by means of it- had collected a portion of the mortgage debt; for this purpose it was properly offered as a link in the chain of evidence.
Jud…
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