Hill v. Eldred
California Supreme Court
Appeal from the District Court, Fifth Judicial District, County of San Joaquin. The State of California, March' 1,1859, issued to Isabella Percy, a certificate of purchase for the west half of section eleven, township three north, range eight east, Mount Diablo meridian, under the Act of 1858 to provide for the sale of the unsold portion of the 500,000 acres granted to the State for school purposes, etc., and also issued to Wm.
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Appeal from the District Court, Fifth Judicial District, County of San Joaquin. The State of California, March' 1,1859, issued to Isabella Percy, a certificate of purchase for the west half of section eleven, township three north, range eight east, Mount Diablo meridian, under the Act of 1858 to provide for the sale of the unsold portion of the 500,000 acres granted to the State for school purposes, etc., and also issued to Wm. Fogarty, under the same Act, a certificate for the south-east quarter of section three, and south-west quarter of section two, same township and range. Defendant…
1Opinion of the Court
By the Court, Crockett, J.:
The assignment by the defendant of the certificates of purchase, by way of security, operated as an equitable mortgage on the interest in the land which he acquired under the certificates. It is averred in the complaint and not denied by the answer, that the defendant entered and yet remains in possession, under and by virtue of the certificates; nor is it claimed in the answer that he has any other title. The Court below properly adjudged that the plaintiff had an equitable lien on the land to secure the defendant’s indebtedness to her, nor did the Court err in…
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