Barroilhet v. Battelle
California Supreme Court
Appeal from the Superior Court of the City of San Francisco. The plaintiff, on the thirty-first day of October, 1853, leased of the defendant Battelle, a certain lot in the city of San Francisco, for the term of ten years, commencing the fifteenth day of Movember, 1853, at a monthly rent of three hundred and fifty dollars, payable monthly in advance, with the privilege, on the part of the lessee, to continue the lease, upon the same terms, for five years longer.
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Appeal from the Superior Court of the City of San Francisco. The plaintiff, on the thirty-first day of October, 1853, leased of the defendant Battelle, a certain lot in the city of San Francisco, for the term of ten years, commencing the fifteenth day of Movember, 1853, at a monthly rent of three hundred and fifty dollars, payable monthly in advance, with the privilege, on the part of the lessee, to continue the lease, upon the same terms, for five years longer. There is a clause in the lease, that at the expiration of the term, the brick house, then being erected on the premises, should be…
1Opinion of the CourtBurnett, J.
The first question which arises in this case, is, whether the stipulation amounts to a mortgage, according to the true intent of the parties. It will be observed that the language, though concise, is very explicit. The house is “ declared to be mortgaged as security.” That the parties meant something by these words is clear, and what else could that meaning be, but that which is so clearly expressed ? What language could more cleariy express, in the same number of words, the intention to create a mortgage ? The term, “ mortgaged,” is very definite and certain in itself, but the parties have…
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