Tomlinson

Tomlinson v. Ayres

Good Law
117 Cal. 568·1897 Cal. LEXIS 703·49 P. 717
Supreme Court of CaliforniaJuly 16, 1897S. F. No. 520California1,465 words

Opinion

Lead Opinion

Chipman, J.

Action to foreclose two chattel mortgages given to secure payment of certain two promis *569 sory notes executed by defendants, William and W. S. Ayres. Both notes were made payable October 24,1894. The mortgaged property consisted of a printing-office plant used in conducting the newspaper called the Western Watchman, situated in a certain building in the city of Eureka, Humboldt County, “located on the west side of ‘ G’ street, in said city, .... together with all the right, title, and interest of the said mortgagors of, in, and to the building in which said newspaper is now printed and published, and being on the west side of 4G’ street in said city . . . (same location as the said plant).”

The Western Watchman Publishing Company was alleged to claim some interest in a portion of the property, and was made a defendant. The complaint is verified. The defendants William and W. S. Ayres demurred to the complaint on various grounds, but withdrew the demurrer and answered, admitting the execution of the notes and mortgage as alleged, but denied “ that the whole of said sum and interest is wholly owing and unpaid from defendants,” as alleged in the complaint. These defendants a so…

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