McCarty v. Christie

Decided July 1, 1859

California Supreme Court · decided 1859-07-01

Suit on a note and mortgage executed jointly by defendants, Christie and Mitchell. The note was to the order of plaintiff, and dated April 3, 1855. On the 8th day of May, 1854, defendants had executed a note and mortgage on the same property to one Gallagher to secure the payment of $700. A judgment on this note and mortgage to Gallagher was had in the District Court of the Eleventh Judicial District, on the 19th of November, 1855.

Cited by 2 later decisions — most recently April 1967

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1859-07-01

View the full empirical analysis of this case →

Terry, C. J. delivered the opinion of the Court

¶1Baldwin, J. concurring.

¶2There is no error in the judgment. The insolvent proceedings constituted no bar to plaintiff’s claim, for the reason that defendants’ schedule contained no sufficient description of plaintiff’s demand.

¶3The payment of Gallagher’s judgment operated to extinguish the prior lien, and the fact that the judgment debtor took a transfer of the certificate of sale and a Sheriff’s deed, instead of a certificate of redemption, could not operate to divest plaintiff’s lien.

¶4Judgment affirmed.