Lawrence

Bank of Oroville v. Lawrence

Good Law
1894 Cal. LEXIS 1254·4 Cal. Unrep. 845·37 P. 936
Supreme Court of CaliforniaOctober 1, 1894No. 18,257California1,937 words

Opinion

Lead Opinion

Fleet, J.

This action was brought to foreclose an instrument in the nature of a mortgage given by defend *846 ants on certain real and personal property to secure the repayment of advances, which, by its terms, plaintiff was to make to the defendant George H. Lawrence, by paying his overdrafts to the amount of $1,800. The complaint alleges the making of advances in the aggregate of $4,449.76, the repayment of $3,278.86, and a balance due plaintiff of $1,218.90, with interest in the sum of $47.65. A demurrer by defendants was overruled, and they answered, admitting the making of the mortgage, hut denying that there was any indebtedness due. There was an intervention by one W. J. Lawrence, claiming a prior lien on the mortgaged property by virtue of an attachment levied in a suit against the defendant George H. Lawrence. The court found in favor of plaintiff in the amount claimed, and in favor of the right of the intervener to a prior lien upon the personal property, but postponing his lien upon the realty to that of the plaintiff, and a decree was entered accordingly. The defendants appeal from the judgment, and the intervener from so much thereof as postpones his lien upon the real…

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