Legal Opinion

De Martin v. Phelan

U.S. Circuit Court for the District of Northern California

Decided September 14, 1891PublishedCited by 4 opinions

In Equity. Bill to redeem land from mortgage.

1Opinion of the Court

Hawley, J.,

(orally.) The defendant demurs to complainant’s bill in equity, praying for a decree allowing her to redeem certain property, and for an accounting of the rents, issues, and profits therefrom since November 4,1881. The bill alleges that on November 4,1881, complainant was the owner in fee of certain lands, specifically described in the bill, situated in Santa Clara county; that at said date, and for some time prior thereto, said property was subject to mortgage liens, two of which were held by the Bank of San José and the other by David Belden, aggregating the sum of $185,000; that…

2Cases cited5 opinions

  1. Peugh v. DavisSupreme Court of the United States · 1878
  2. Russell v. SouthardSupreme Court of the United States · 1851
  3. Villa v. RodriguezSupreme Court of the United States · 1871
  4. Ten Eyck v. . CraigNew York Court of Appeals · 1875
  5. Green v. ButlerCalifornia Supreme Court · 1864

3Cited by4 opinions

  1. Savings & Loan Soc. v. DavidsonCourt of Appeals for the Ninth Circuit · 1899
  2. Martin v. New Rochelle Water Co.Appellate Division of the Supreme Court of the State of New York · 1896
  3. Hannig v. CongerNevada Supreme Court · 1933
  4. Walker v. WagnerWashington Supreme Court · 1938

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