Quivey v. Baker
California Supreme Court
Appeal from tho District Court, Third Judicial District, Santa Clara County. Upon the trial the defendant offered in evidence the judgment roll in the case of Peter Quivey v. Joseph 8. Buckle, brought to foreclose the mortgage.
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Appeal from tho District Court, Third Judicial District, Santa Clara County. Upon the trial the defendant offered in evidence the judgment roll in the case of Peter Quivey v. Joseph 8. Buckle, brought to foreclose the mortgage. The following is the certificate of service attached to the summons in said cause: “I certify to having made a personal service of this summons, and a certified copy of the same, as also a certified copy of the bill of complaint, on George S. Buckle, on the 30th day of July, 1850. “John C. Hays, Sheriff. “By Jno. S. Power, Deputy.” The judgment recites: “And it…
1Opinion of the Court
By the Court, Crockett, J.;
In June, 1850, one Joseph S. Buckle, being indebted to Peter Quivey, agreed to make a mortgage to him on certain real estate then owned by Buckle in the City of San José to secure the debt. Among other property intended to be included in the mortgage, was the lot in contest in this case, which is Lot Six, in Block Two, Bange Three Borth, of the base line; But the scrivener, in drawing up the mortgage, made a mistake in the description of this lot, and described it as Lot Six, in Block Three, and Bange Two Borth, of the base line; simply transposing the numbers of…
2Cited by31 opinions
- Bacon v. BaconCalifornia Supreme Court · 1907
- Murphy v. CrowleyCalifornia Supreme Court · 1903
- Sims v. RigginsSupreme Court of Alabama · 1917
- Hanlon v. Western Loan & Building Co.California Court of Appeal · 1941
- Home Owners' Loan Corp. v. Bank of ArizonaArizona Supreme Court · 1939
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