Spencer v. Barney

California Supreme Court

Spencer v. Barney

1 Cal. Unrep. 56

CourtCalifornia Supreme Court

DecidedDecember 20, 1856

DocketNo. 1211

StatusPublished

This text of 1 Cal. Unrep. 56 (Spencer v. Barney) 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

Spencer v. Barney, 1 Cal. Unrep. 56 (Cal. 1856).

Pincite

Opinion

MURRAY, C. J.

— The facts relied on in this ease, to establish fraud in procuring the execution of the note and mortgage, were insufficient and the evidence was properly excluded.

As to the mechanic’s or lumberman’s lien, it is not shown that the materials were delivered under any contract for such a quantity or so much lumber; but they appear to have been delivered from time to time as they were needed and purchased by the defendant; the lien therefore only extends to the amount so delivered, at the time of recording the mortgage. On the whole, we regard this as a delay case.

Judgment affirmed, with ten per cent damages.

We concur: Heydenfeldt, J.; Terry, J.

Free access — add to your briefcase to read the full text and ask questions with AI

MURRAY, C. J.

— The facts relied on in this ease, to establish fraud in procuring the execution of the note and mortgage, were insufficient and the evidence was properly excluded.

As to the mechanic’s or lumberman’s lien, it is not shown that the materials were delivered under any contract for such a quantity or so much lumber; but they appear to have been delivered from time to time as they were needed and purchased by the defendant; the lien therefore only extends to the amount so delivered, at the time of recording the mortgage. On the whole, we regard this as a delay case.

Judgment affirmed, with ten per cent damages.

We concur: Heydenfeldt, J.; Terry, J.

Cite This Page — Counsel Stack

Bluebook (online)

1 Cal. Unrep. 56, Counsel Stack Legal Research, https://law.counselstack.com/opinion/spencer-v-barney-cal-1856.