Reports of Cases Determined in the Supreme Court of the State of California, Volume 10Bancroft-Whitney, 1858 - Law reports, digests, etc |
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Page 164
... mortgage of real property shall not be deemed a con- veyance , whatever its terms , so as to enable the owner of the mortgage to recover possession of the real property without a foreclosure and sale . " ( § 260. ) Under this provision ...
... mortgage of real property shall not be deemed a con- veyance , whatever its terms , so as to enable the owner of the mortgage to recover possession of the real property without a foreclosure and sale . " ( § 260. ) Under this provision ...
Page 165
... mortgage , the party executing the instrument is not only guilty of negli gence , but of falsehood ; and the only loss he can sustain , by a rejection of his parol testimony , is the difference between the sum he received and the value ...
... mortgage , the party executing the instrument is not only guilty of negli gence , but of falsehood ; and the only loss he can sustain , by a rejection of his parol testimony , is the difference between the sum he received and the value ...
Page 197
... mortgage . A conveyance , and an attendant agreement for a re - conveyance upon the payment of the amount of the consideration and interest , do not of themselves in the absence of other circumstances create a mortgage , but only a ...
... mortgage . A conveyance , and an attendant agreement for a re - conveyance upon the payment of the amount of the consideration and interest , do not of themselves in the absence of other circumstances create a mortgage , but only a ...
Page 200
... mortgage . The plaintiff obtained judgment , from which the defendant appealed . John Heard for Appellant . The two documents , the conveyance and the agreement , con- tain all the leading incidents of a conditional sale , and not one ...
... mortgage . The plaintiff obtained judgment , from which the defendant appealed . John Heard for Appellant . The two documents , the conveyance and the agreement , con- tain all the leading incidents of a conditional sale , and not one ...
Page 201
... Mortgages , 85-96 . The right of the parties to contract for a conditional sale is as well established by authority ... mortgage ; but if the debt be extinguished by the agreement of the parties , or the money advanced is not by way of ...
... Mortgages , 85-96 . The right of the parties to contract for a conditional sale is as well established by authority ... mortgage ; but if the debt be extinguished by the agreement of the parties , or the money advanced is not by way of ...
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Common terms and phrases
administrator affirmed agreement alleged amount appeal apply assignment authority aver Bagley bill bond cause of action claim complaint concurring constitute contract conveyance conveyed counsel Court of Equity Court-TERRY Covillaud creditors damages debt debtor decision decree deed defendant delivered the opinion demurrer District Court ditch dollars entitled error evidence execution facts fendant filed fraud grant ground held homestead indictment insolvent instrument intention interest issue Judge judgment Judicial District jurisdiction jury land lien mandamus McMickle ment Mesick misjoinder Mokelumne Hill mortgage notice objection paid parties payment person plaintiff pleading possession premises Probate Court promissory note proof purchaser question recover refused remedy replevin Respondent rule San Francisco sheriff sheriff's deed Sinton sold statute Statute of Frauds sufficient suit sureties Sutter testimony thereof tion trial Tuolumne County verdict void wife witness writ
Popular passages
Page 215 - The writ of mandamus may be denominated the writ of mandate. § 1085. It .may be issued by any court, except a justice's or police court, to any inferior tribunal, corporation, board, or person, to compel the performance of an act which the law specially enjoins, as a duty resulting from an office, trust, or station...
Page 42 - When any office shall, from any cause become vacant, and no mode is provided by the Constitution and laws for filling such vacancy, the Governor shall have power to fill such vacancy by granting a commission which shall expire at the end of the next session of the Legislature, or at the next election by the people.
Page 308 - Whatever belongs merely to the remedy may be altered according to the will of the State, provided the alteration does not impair the obligation of the contract. But if that effect is produced, it is immaterial whether it is done by acting on the remedy or directly on the contract itself. In either case it is prohibited by the constitution.
Page 556 - When any of the matters enumerated in section forty do not appear upon the face of the complaint, the objection may be taken by answer. SEC. 45. If no such objection be taken, either by demurrer or answer, the defendant shall be deemed to have waived the same, excepting only the objection to the jurisdiction of the court, and the objection that the complaint does not state facts sufficient to constitute a cause of action.
Page 653 - Every law enacted by the Legislature shall embrace but one object, and that shall be expressed in the title...
Page 231 - And it is agreed that if any rent shall be due and unpaid, or if default shall be made in any of the covenants herein contained, then it shall be lawfu-l for the said party of the first part to re-enter the said premises, and to remove all persons therefrom.
Page 310 - ... shall be deemed murder of the first degree ; and all other kinds of murder shall be deemed murder of the second degree; and the jury before whom any person indicted for murder shall be tried, shall, if they find such person guilty thereof, designate by their verdict, whether it be murder of the first or second degree...
Page 98 - ... giving and granting unto my said attorney full power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done in and about the premises, as fully to all intents and purposes, as I might or could do if personally present, with full power of substitution and revocation, hereby ratifying and confirming all that my said attorney or his substitute shall lawfully do or cause to be done by virtue hereof.
Page 96 - ... whatsoever of the said party of the first part either in law or equity of in and to the above bargained premises with the hereditaments and appurtenances.
Page 505 - In the exercise of this power, congress has passed "an act for enrolling and licensing ships or vessels to be employed in the coasting trade, and fisheries, and for regulating the same.