Price v. Reeves
California Supreme Court
Appeal from the District Court of the Seventh District, Solano County. The natural facts of the case, as disclosed by the pleadings and findings, are as follows : On the 27th day of August, 1863, the respondent, Mary E. Price, was the owner and holder of a promissory note for $1,200, made by one Thomas J. Johnston, payable to her or her order, and that she held Johnston’s mortgage upon the premises in controversy, as security for the payment of said note.
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Appeal from the District Court of the Seventh District, Solano County. The natural facts of the case, as disclosed by the pleadings and findings, are as follows : On the 27th day of August, 1863, the respondent, Mary E. Price, was the owner and holder of a promissory note for $1,200, made by one Thomas J. Johnston, payable to her or her order, and that she held Johnston’s mortgage upon the premises in controversy, as security for the payment of said note. That the respondents, John B. Price and Mary E. Price, “desiring to borrow the sum of $250, applied to the appellant, D. D. Beeves, for the…
1Opinion of the CourtSawyer, C. J.
This case differs materially from Wright v. Boss. Prom the facts admitted by the pleadings and found by the Court, it appears that there was an express understanding that defendant, Beed, should foreclose the mortgage deposited with him as security, buy in the premises at the sale under the judgment, and hold them in place of the note and mortgage, as security only, for his loan. By his acts Beeves misled plaintiffs, and if they are upheld, the result would be a fraud upon the plaintiffs. The case is within the principle approved in Sandfoss v. Jones (35 Cal. 482.) The purchase was made with…
2Cited by14 opinions
- Penziner v. West American Finance Co.California Court of Appeal · 1933
- Moultrie v. WrightCalifornia Supreme Court · 1908
- Bell v. StaackeCalifornia Supreme Court · 1903
- Coombs v. BarkerMontana Supreme Court · 1905
- Rankin v. SatirCalifornia Court of Appeal · 1946
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