Siter v. Jewett
California Supreme Court
Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. Action commenced June 30th, 1862, to foreclose the mortgage on two fifty vara lots in Block Ten of South Beach water lots, in the City of San Francisco. The following averments were in the complaint: August 5th, 1853, W. C. Jewett mortgaged 'the property to Dexter Brigham. February 6th, 1854, Jewett moi’tgaged the same property to Thomas C. Hamhly.
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Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. Action commenced June 30th, 1862, to foreclose the mortgage on two fifty vara lots in Block Ten of South Beach water lots, in the City of San Francisco. The following averments were in the complaint: August 5th, 1853, W. C. Jewett mortgaged 'the property to Dexter Brigham. February 6th, 1854, Jewett moi’tgaged the same property to Thomas C. Hamhly. March 3d, 1854, Jewett filed a petition in insolvency, and was discharged from his debts. Defendant Gorham was Jewett’s assignee in insolvency. April 27th,…
1Opinion of the Court
By the Court, Shafter, J.:
The plaintiff sues as assignee of Thomas C. Hambly, to foreclose a mortgage executed to him by the defendant Jewett, on the 6th of February, 1854, and also to redeem from a prior mortgage by Jewett to one Brigham. All consideration of the bill as a bill to redeem may be dismissed, for the counsel of the plaintiff admits that it cannot be maintained in that aspect on the record now before us. The only question then to be considered by us is whether the Court below erred in dismissing the action as to the defendant Taylor in its other aspect of a bill to foreclose the…
Also in this document: Concurrence.
2Cases cited3 opinions
- Goodenow v. EwerCalifornia Supreme Court · 1860
- Moore v. MurdockCalifornia Supreme Court · 1864
- Swift v. KingsleyNew York Supreme Court · 1857
3Cited by13 opinions
- Butler v. KaulbackSupreme Court of Kansas · 1871
- Hayes v. WilliamsSupreme Court of Colorado · 1892
- Rudd v. DeweySupreme Court of Iowa · 1903
- McCaughey v. SchuetteCalifornia Supreme Court · 1897
- Billings v. DrewCalifornia Supreme Court · 1878
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