Montgomery v. Tutt
California Supreme Court
Appeal from the District Court of the Fifteenth Judicial District, County of Colusa. This was a suit to foreclose a mortgage executed by the defendant, Tutt, upon certain premises situated in Colusa County, to secure the payment of his promissory note to the plaintiff.
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Appeal from the District Court of the Fifteenth Judicial District, County of Colusa. This was a suit to foreclose a mortgage executed by the defendant, Tutt, upon certain premises situated in Colusa County, to secure the payment of his promissory note to the plaintiff. The note hears date on the fourth of February, 1856, and is for the sum of $6,900, payable to the plaintiff or order, one year from the seventh of March, 1856, at the banking house of D. 0. Mills & Co., at Sacramento city, with interest at the rate of three per cent, a month, to be paid at its maturity, with four hundred and…
1Opinion of the Court
All of the appellants were necessary parties. The complaint directly avers their interest in the subject of the controversy; and the “ general rule is, that for the purpose of effecting an equitable adjustment among *309all persons interested in the mortgaged property, all parties in interest shall be made also parties to the suit. * * When all parties in interest are before the Court, the decree will be made such as to satisfy all their mutual and respective equities.” 2 Hilliard on Mortgages, 110. To the same in effect, but more in extenso, is 1 Daniell’s Chan. 240. The former authority is…
Also in this document: Concurrence.
2Cases cited19 opinions
- Wallace v. McConnellSupreme Court of the United States · 1839
- McMillan v. RichardsCalifornia Supreme Court · 1858
- Whitney v. HigginsCalifornia Supreme Court · 1858
- Wolcott v. Van SantvoordNew York Supreme Court · 1819
- Lessee of Sarah I. Jewell and Others, in Error v. Benjamin Jewell and OthersSupreme Court of the United States · 1843
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3Cited by16 opinions
- Horn v. Volcano Water Co.California Supreme Court · 1859
- Kittle v. BellegardeCalifornia Supreme Court · 1890
- Rottman v. HevenerCalifornia Court of Appeal · 1921
- Carpentier v. BrenhamCalifornia Supreme Court · 1870
- Jose Realty Co. v. PavlicevichCalifornia Supreme Court · 1913
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