Bennett v. Taylor

California Supreme Court

Bennett v. Taylor

5 Cal. 502

CourtCalifornia Supreme Court

DecidedJuly 1, 1855

StatusPublished

Cited by3 cases

This text of 5 Cal. 502 (Bennett v. Taylor) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bennett v. Taylor, 5 Cal. 502 (Cal. 1855).

Pincite

Opinion

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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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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Bluebook (online)

5 Cal. 502, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bennett-v-taylor-cal-1855.

Opinion

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