Ord v. Bartlett

Full title: ANNE E. ORD, Respondent, v. S. A. BARTLETT, Administrator, etc., et al.…

Court: Supreme Court of California

Date published: Apr 5, 1890

83 Cal. 428 (Cal. 1890)

23 P. 705

Opinion

83 Cal. 428 23 P. 705 ANNE E. ORD, Respondent, v. S. A. BARTLETT, Administrator, etc., et al., Appellants No. 12419 Supreme Court of California April 5, 1890

         Department Two

         83 Cal. 428 at 431.

         Original Opinion of March 12, 1890, Reported at 83 Cal. 428.

         JUDGES: Beatty, C. J. Thornton, J., Fox., J., and McFarland, J., concurred.

         OPINION

          BEATTY, Judge

         A petition for a rehearing having been filed, the following opinion was rendered thereon on the 5th of April, 1890: --          Beatty, C. J.

It is ordered that the petition for rehearing herein be and the same is hereby denied, but the judgment of the Department No. 2 herein is modified by the addition of the following:

         Provided, that nothing in this judgment or in the judgment appealed from shall be construed or held to prejudice or affect any rights of the appellants in or to the mortgaged premises derived from William M. Ord, the mortgagor and common grantor, prior to January 24, 1887, the date of plaintiff's note and mortgage, described in the complaint herein.