Legal Opinion

Wittenbrock v. Cass

California Supreme Court

Decided November 7, 1895No. 18331PublishedCited by 25 opinions

Appeal from a judgment of the Superior Court of the County of Sacramento and. from an order denying a new trial. Matt F. Johnson, Judge. The facts are stated in the opinion.

1Opinion of the Court

Belcher, C.

On March 7, 1892, Maria Louisa Cass borrowed of the plaintiff two thousand dollars, for which she executed to him her promissory note and a mortgage to secure payment of the same on certain real property in the city of Sacramento. Mrs. Cass died in May, 1892, and thereafter the defendant, William H. Cass, was duly appointed administrator of her estate. In March, 1893, plaintiff commenced this action to foreclose his said mortgage, making William H. Cass, as administrator and individually, a party defendant.

The case was tried and judgment of foreclosure rendered as prayed for, from…

2Cases cited3 opinions

  1. Brison v. BrisonCalifornia Supreme Court · 1888
  2. Bury v. YoungCalifornia Supreme Court · 1893
  3. Hayne v. HermannCalifornia Supreme Court · 1893

3Cited by25 opinions

  1. Arnegaard v. ArnegaardNorth Dakota Supreme Court · 1898
  2. Hayden v. CollinsCalifornia Court of Appeal · 1905
  3. Kenney v. ParksCalifornia Supreme Court · 1899
  4. In Re Estate of CorneliusCalifornia Supreme Court · 1907
  5. O'Brien v. O'BrienNorth Dakota Supreme Court · 1910

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