Legal Opinion

McCabe v. Grey

California Supreme Court

Decided July 1, 1862PublishedCited by 13 opinions

Appeal from the Twelfth Judicial District. . This action is brought by James McCabe against Cyril Y. Grey and his wife, and a subsequent mortgagee, to foreclose a mortgage executed by Grey and wife to one Corwin, the assignor of plaintiff, upon a lot in San Francisco, as security for the payment of $1,150 and interest due from Grey to said Corwin ; and the complaint asks for a sale of the mortgaged property, and a judgment against defendant Grey for any deficiency after…

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Appeal from the Twelfth Judicial District. . This action is brought by James McCabe against Cyril Y. Grey and his wife, and a subsequent mortgagee, to foreclose a mortgage executed by Grey and wife to one Corwin, the assignor of plaintiff, upon a lot in San Francisco, as security for the payment of $1,150 and interest due from Grey to said Corwin ; and the complaint asks for a sale of the mortgaged property, and a judgment against defendant Grey for any deficiency after application of the proceeds of the sale to payment of the demand. The answer of C. Y. Grey sets up the transfer to him of…

1Opinion of the CourtCope, J.

The defendant Grey, being indebted to one Corwin in the sum of eleven hundred and fifty dollars, executed to him a mortgage upon certain property in the city of San Francisco to secure its payment. The mortgage was executed on the eighteenth of April, 1859, and on the thirteenth of August, 1859, Corwin assigned the debt and mortgage to the plaintiff; and on the twenty-fifth of the same month the assignment was recorded in the office of the County Recorder. The suit is brought to recover the debt and to foreclose the mortgage, and Grey sets up certain judgments against Corwin as…

2Cases cited1 opinion

  1. Dennis v. BurrittCalifornia Supreme Court · 1856

3Cited by13 opinions

  1. Harrison v. AdamsCalifornia Supreme Court · 1942
  2. Sharon v. MinnockNevada Supreme Court · 1871
  3. Stadler v. First National BankMontana Supreme Court · 1899
  4. Hobbs v. DuffCalifornia Supreme Court · 1863
  5. Thibodo v. United StatesCourt of Appeals for the Ninth Circuit · 1951

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