Hibernia Savings & Loan Society v. Dickinson
California Supreme Court
APPEALS from a judgment of the Superior Court of the City and County of San Francisco and from an order vacating a judgment and permitting plaintiff to amend the complaint. B. V. Sargent, Judge presiding. The facts are stated in the opinion of the court.
1Opinion of the CourtShaw, J.
In this action the plaintiff sued to foreclose a mortgage executed to it by the defendant, Dickinson, to secure his note for sixty-five thousand dollars. Dickinson afterward conveyed the land to the defendant, Montgomery. The amended complaint alleges that Montgomery' agreed to assume and pay the said mortgage as a part of the consideration of the transfer to him, and prayed for a deficiency judgment against both defendants. Two appeals are presented by Dickinson, numbered as above. No. 6263 is an appeal from that part of the judgment which directs the entry of a deficiency judgment against…
2Cases cited7 opinions
- Illinois Trust & Savings Bank v. Pacific Railway Co.California Supreme Court · 1896
- Ortega v. CorderoCalifornia Supreme Court · 1891
- Sukeforth v. LordCalifornia Supreme Court · 1891
- Canfield v. TobiasCalifornia Supreme Court · 1863
- Gervaise v. BrookinsCalifornia Supreme Court · 1909
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3Cited by19 opinions
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- City of Manhattan Beach v. Superior CourtCalifornia Supreme Court · 1996
- White v. SchaderCalifornia Supreme Court · 1921
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