gno.law

Bennett v. Taylor

California Supreme Court · · 1855-07-01 · Published · 5 Cal. 502

SIMON B. BENNETT v. NELSON TAYLOR and others

Area
civil
Panel
William J. Murray, Jr. (author)

Analysis

No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.

Opinion — Murray

Murray, C. J., delivered the opinion of the Court.

Heydenfeldt, J., concurred.

The Court below erred in permitting the plaintiff to introduce the mortgage in evidence, without first producing or accounting for the note.

The mortgage was a mere incident to the debt; and in order to maintain the action, which was founded on the plaintiff’s possession and the mortgage, the debt should have been proved.

In other respects, the rulings of the Court were correct, and the case properly tried.

Judgment reversed and new trial ordered.

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