Barbieri v. Ramelli

84 Cal. 154 (1890)

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Barbieri v. Ramelli

California Supreme Court
84 Cal. 154 (1890)

Facts

Giacomo Barbieri (plaintiff) loaned $700 to Carlos Ramelli (defendant). In exchange, Ramelli granted Barbieri a mortgage on a piece of real property. The real property was already subject to two other mortgages. The market value of the property was less than the outstanding debt secured by the two preceding mortgages. Ramelli defaulted on his loan, and Barbieri sued Ramelli to recover the outstanding balance. Barbieri never filed a foreclosure action. The trial court ruled in favor of Barbieri, and Ramelli appealed.

Rule of Law

Issue

Holding and Reasoning (Thornton, J.)

Concurrence (McFarland, J.)

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