Reports of Cases Determined in the Supreme Court of the State of California, Volume 23Bancroft-Whitney, 1906 - Law reports, digests, etc |
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Page 16
... execution of the mortgage , have a right to plead the Statute of Limitations as to that part of the claim of ... executed before as after its passage . When a debt , secured by mortgage , is payable in installments , the mortgagee or his ...
... execution of the mortgage , have a right to plead the Statute of Limitations as to that part of the claim of ... executed before as after its passage . When a debt , secured by mortgage , is payable in installments , the mortgagee or his ...
Page 21
... executed July 22d , 1850 , eight years and a half before this suit was commenced . The right of entry accrued on the execution of the mortgage ( McMillan v . Richards , 9 Cal . 407 ) , and the statute began to run from that time . ( Doe ...
... executed July 22d , 1850 , eight years and a half before this suit was commenced . The right of entry accrued on the execution of the mortgage ( McMillan v . Richards , 9 Cal . 407 ) , and the statute began to run from that time . ( Doe ...
Page 23
... executed by Wig- gins to Cook , and which fell due January 22d , 1851 , was paid . The second note , which fell due July 22d , 1851 , was , on the fifteenth day of May , 1851 , assigned by Cook to Foster , one of the defend- ants ...
... executed by Wig- gins to Cook , and which fell due January 22d , 1851 , was paid . The second note , which fell due July 22d , 1851 , was , on the fifteenth day of May , 1851 , assigned by Cook to Foster , one of the defend- ants ...
Page 26
... execution shall be issued for the residue ; and that upon this judgment an order of sale shall issue , and the proper- ty be sold thereon in the same manner as under executions . Under this statute , if a mortgagee should bring an ...
... execution shall be issued for the residue ; and that upon this judgment an order of sale shall issue , and the proper- ty be sold thereon in the same manner as under executions . Under this statute , if a mortgagee should bring an ...
Page 42
... was re- pealed , execution might issue after five years and during the whole time of limitation at common law , by an order of the Court . Donner v . Palmer . But that point has no 42 SUPREME COURT - JULY TERM , 1863 .
... was re- pealed , execution might issue after five years and during the whole time of limitation at common law , by an order of the Court . Donner v . Palmer . But that point has no 42 SUPREME COURT - JULY TERM , 1863 .
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Common terms and phrases
action to recover affidavit affirmed alleged amended amount answer appeal appeal bond applied assessed assigned avers cause of action Cited as authority claim commenced common carriers complaint Compton concurring contract conveyed County Court of Equity Court-NORTON creditors CROCKER damages debt decree deed defendant delivered the opinion delivery demurrer District Court dollars Duff duly entitled error estoppel evidence execution facts Fargo & Co filed foreclosure fraud ground held homestead interest issued judgment Judicial District jurisdiction jury land levied liable lien Mariposa County ment mining mortgage motion notice objection owner parties partnership payment plaintiff pleadings possession Practice Act premises proper provides purchaser question real estate record refusing rendered Respondent rule San Francisco San Joaquin County set-off Sheriff sold statute Statute of Frauds Statute of Limitations sufficient suit sustained taxes tenant therein tion tract trial valid verdict wife
Popular passages
Page 618 - An action for relief not hereinbefore provided for must be commenced within four years after the cause of action shall have accrued.
Page 250 - Court may change the place of trial in the following cases : 1. When the County designated for that purpose in the complaint is not the proper County ; 2. When there is reason to believe that an impartial trial cannot be had therein ; 3. When the convenience of witnesses and the ends of justice would be promoted by the change.
Page 468 - If an injunction be granted without notice, the defendant, at any time before the trial, may apply upon reasonable notice, to the judge who granted the injunction, or to the court in which the action is brought, to dissolve or modify the same.
Page 660 - The jury must also, at each adjournment of the court, whether permitted to separate or kept in charge of officers, be admonished by the court that it is their duty not to converse among themselves or with any one else on any subject connected with the trial, or to form or express any opinion thereon until the cause is finally submitted to them.
Page 52 - No estate or interest in lands, other than leases for a term not exceeding one year, nor any trust or power over or concerning lands, or in any manner relating thereto, shall hereafter be created, granted, assigned, surrendered, or declared, unless by act or operation of law, or by deed, or conveyance in writing, subscribed by the party creating, granting, assigning, surrendering, or declaring the same, or by his lawful agent thereunto authorized by writing.
Page 176 - That whenever the United States shall be invaded, or be in imminent danger of invasion from any foreign nation or Indian tribe, it shall be lawful for the President of the United States, to call forth such number of the militia of the state or states most convenient to the place of danger or scene of action, as he may judge necessary to repel such invasion, and to issue his orders for that purpose, to such officer or officers of the militia as he shall think proper...
Page 213 - The land upon which any building, improvement or structure is constructed, together with a convenient space about the same, or so much as may be required for the convenient use and occupation thereof...
Page 633 - ... that it is their duty not to converse with, or suffer themselves to be addressed by any other person, on any subject of the trial, and that it is their duty not to form or express an opinion thereon until the case is finally submitted to them.
Page 632 - A person held to answer to a charge for a public offense, can take advantage of any objection to the panel or to an individual grand juror, in no other mode than that by challenge, as prescribed in the preceding sections.
Page 31 - ... not all due, so soon as sufficient of the property has been sold to pay the amount due, with costs, the sale must cease; and afterwards, as often as more becomes due, for principal or interest, the court may, on motion, order more to be sold. But if the property cannot be sold in portions, without injury to the parties, the whole may be ordered to be sold in the first instance, and the entire debt and costs paid, there being a rebate of interest where such rebate is proper.