# de Racouillat v. Rene

> California Supreme Court · July 1, 1867 · 32 Cal. 450

URL: https://www.frixlaw.com/law-library/cases/5436352

## Case

- **Full name:** MARIE VIGNES de RACOUILLAT, ETIENE L. RACOUILLAT, ELIZABETH VIGNES, and JEANNE VIGNES SIGNE v. JOHN E. RENE, PIERRE SANSEVAIN, JEAN LOUIS SANSEVAIN, JEAN VIGNES, and MANUEL REQUENA, of the Estate of J. L. VIGNES
- **Court:** California Supreme Court
- **Decided:** July 1, 1867
- **Citations:** 32 Cal. 450
- **Precedential status:** Published
- **Opinion:** Dissent by Currey
- **Judges:** Currey, Sawyer
- **Cited by:** 10 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5436352

## Opinion text

Currey, C. J., dissenting:
In my judgment, the answer, when examined as a whole, does not traverse the allegation of the complaint charging him with notice of the existence of the instrument bearing date the 13th of March, 1851. He first lays the foundation for his denial of notice by denying that such instrument was a mortgage, and then says in substance that he had not notice of the mortgage. The case, in my opinion, falls within B rown v. Scott, 25 Cal. 189 . I am of opinion the judgment should be reversed and a judgment entered for the plaintiffs, declaring the premises subject to the mortgage. I may hereafter express my opinion more fully on the subject.
Mr. Justice Sanderson did not express any opinion.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5436352. Public record. Not legal advice.