Doerr

Doerr v. Fandango Lumber Co.

Good Law
1916 Cal. App. LEXIS 453·31 Cal. App. 318·160 P. 406
Court of Appeal of CaliforniaAugust 28, 1916Civ. No. 1509.California3,482 words

Opinion

Lead Opinion

Hart, J.

The plaintiffs instituted this suit to foreclose a mortgage upon certain real property of the Fandango Lumber Company, given to secure a loan to the latter of the sum of ten thousand dollars; evidenced by' a promissory note executed by the Fandango Lumber Company in favor of the plaintiffs. The property upon which the mortgage was given is located in Modoc County and consists of about two thousand one hundred acres of timber and agricultural lands, upon which a sawmill stands.

The Fandango Lumber Company (to be hereafter referred to variously as the Fandango company and “the company”) is a regularly organized corporation, doing business in California, with its principal place of business and offices at Fort Bidwell, Modoc County, this state.

The note to secure which the mortgage in question here was given is set out in full in the complaint. It was executed and delivered to the plaintiffs on the twenty-third day of December, 1911, and is payable on demand.

It is alleged that at the time of the delivery of said note, and for the purpose of securing the payment of the principal sum thereof, and the interest thereupon accruing, the Fandango company duly executed and delivered to…

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