Kain

Hibernia Savings & Loan Society v. Kain

Good Law
117 Cal. 478·1897 Cal. LEXIS 685·49 P. 578
Supreme Court of CaliforniaJuly 8, 1897S. F. No. 526California741 words

Opinion

Lead Opinion

Belcher, J.

On eight different occasions between May 19,1888, and August 20,1890, inclusive, the defendants, M. William Kain and Emma B. Kain, his wife, borrowed from the plaintiff, the Hibernia Savings and Loan Society, certain sums of money, and for each sum so borrowed they executed to the plaintiff their joint and several promissory note and a mortgage to secure payment of the same upon certain real property in the cit) and county of San Francisco. The first three notes were for the aggregate sum of $9,500, and the mortgages to secure the same were upon lots or parcels of land which may be designated as6 lots A, B, and C. The other five notes were for the aggregate sum of $17,000, and the mortgages to secure the same were upon the same lots A, B, and C, and another lot designated as lot D.

Subsequently, on December 15, 1891, the said defendants borrowed fromthe defendant Louis Metzger the *479 sum of $2,000, for which sum they executed to him their joint and several promissory note and a mortgage to secure payment of the same upon the said lots A, B, C,and D.

The mortgagors failing to pay their indebtedness to the plaintiff, it brought this action to foreclose each of its said…

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