Opinion

Henderson v. Grammar

  • 66 Cal. 332
  • 5 P. 488
  • 1885 Cal. LEXIS 425
Court
California Supreme Court
Filed
Jan 12, 1885
Status
Published
Author
McKee
On the bench
McKee, McKinstry
Cited by
9 cases
Authority
More cited than 26.0%

The opinion

McKee, J., concurring.

When the heirs of John McTucker filed their cross-complaint to redeem from the sale under the senior mortgage, by which the title of the mortgagor to the mortgaged premises passed to the plaintiff, they had no right *336 of redemption, because the time of the statute of limitations had run upon all the promissory notes whose payment had been secured by the junior mortgage to John McTucker; and as the rights arising out of said notes and mortgage were not kept alive by any action brought by the mortgagee in his lifetime,, or his personal representatives, or heirs, after his death, the causes of action upon the notes and mortgage were barred, the mortgage lien was extinguished (§ 2911, C. C. ; Wells v. Harter, 56 Cal. 343 ; Jeffers v. Cook, 58 Cal. 147 ), and the right to-foreclose and the right to redeem were also barred. (Morris v. Goodman, 18 Cal. 482 ; Coster v. Brown, 23 Cal. 143 ; McCarthy v. White, 21 Cal. 495; Espinosa v. Gregory, 40 Cal. 58 ; Taylor v. McLaine, 60 Cal. 651 ; Arrington v. Liscom, 34 Cal. 365 ; Cunningham v. Hawkins, 24 Cal. 403 ; Siter v. Jewett, 33 id. 92; Grattan v. Wiggins, 23 Cal. 16 .) Therefore I concur in the judgment.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.