McDermott v. Burke
California Supreme Court
Appeal from the Sixteenth District. Ejectment for premises situated in Calaveras County. The material facts appear in the opinion of the Court. The Court below submitted a series of questions to the jury, and upon their findings plaintiff moved for and obtained judgment for possession oí the premises. Defendants appeal.
1Opinion of the CourtField, C. J.
Baldwin, J. concurring.
In November, 1855, the Table Mountain Water Company, a corporation created under the laws of this State, executed to Laforge a mortgage upon certain property, situated in Calaveras county, to secure the payment of its promissory note of the same date. In January, 1856, Laforge assigned the note and mortgage to Rowe. On the sixth of October following, Rowe instituted suit for the foreclosure of the mortgage, making the company the sole party defendant, and in February, 1857, recovered a personal judgment for the principal and interest due, and a decree for the sale of…
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