Foster v. Bowles

GRAY, C.

Action on a note for $15,000 and interest, and to foreclose a mortgage given to secure said note upon 242.59 acres of land situated in Livermore Valley, in Alameda County. The plaintiff had judgment against most of the defendants by default. Certain parties defendant, known as the “Bohrer Trustees,” answered, and judgment went in their favor to the extent of the interest claimed by them. From this latter judgment the plaintiff appeals.

On December 2, 1887, the defendant Bowles executed the note and mortgage in suit to Alexander Montgomery. The note became due and payable three years…