Legal Opinion

Cowell v. Buckelew

California Supreme Court

Decided July 1, 1860PublishedCited by 9 opinions

Application for a writ of mandamus to the Clerk of the District Court of Marin County, to compel the issuance of an order of sale. The facts appear in the opinion of the Court.

1Opinion of the CourtField, C. J.

In June, 1858, the plaintiffs instituted suit against the defendants to foreclose a mortgage executed by the latter, upon property situated in the county of Marin, to secure their promissory note of fifteen thousand dollars, and in August, 1859, obtained the usual decree in such cases adjudging the amount due, and directing a sale of the premises, and the application of the proceeds to its payment, a deposit in Court of any surplus, and execution against the property of the husband for any deficiency. Since the efntry of the decree, Buckelew, the husband, has died; and for this reason the…

2Cases cited3 opinions

  1. People ex rel. Mulford v. TurnerCalifornia Supreme Court · 1850
  2. Nagle v. MacyCalifornia Supreme Court · 1858
  3. Belloc v. RogersCalifornia Supreme Court · 1858

3Cited by9 opinions

  1. People ex rel. Carpentier v. LoucksCalifornia Supreme Court · 1865
  2. Morrison v. LynchSupreme Court of Louisiana · 1884
  3. Ray v. ElsonSupreme Court of Oklahoma · 1942
  4. Havens v. PopeCourt of Appeals of Kansas · 1900
  5. Harrell v. HarrellSupreme Court of Louisiana · 1931

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