Adamson

Power & Irrigation Co. of Clear Lake v. Adamson

Good Law
141 C.C.A. 401·226 F. 645·1915 U.S. App. LEXIS 2236
United States Court of Appeals for the Ninth CircuitOctober 4, 1915No. 2502California506 words

Opinion

lead Opinion

Ross, J.

This is an appeal from a judgment dismissing fhe suit for want of jurisdiction. The appellant is a citizen of Arizona, and the appellees are all citizens of California.

It appears from, the bill that the Central Counties Land Company, a corporation of the last-mentioned state, ^borrowed certain moneys from the appellee L. D. Stephens, and solely for the purpose of securing the repayment of the moneys, with interest, it executed to him an instrument in writing, in the form of an absolute deed, covering certain lauds then owned by and in the possession of the Land Company, situate in Lake county, Cal., and at the same time Stephens execute*: to the Land Company a defeasance, by which he agreed to reconvey the mortgaged property to the mortgagor upon repayment of the money with interest. The Land Company remained in possession of the property. Subsequently Stephens executed a purported deed covering the said land to the appellees J. L. Stephens and Joseph Craig, who, in turn, purported to convey the same property by absolute deed to the appellee Yolo Water & Power Company, all of which grantees took with knowledge of the original mortgage. The appellee Adamson, who was the tenant of…

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