Brooks v. Rice
California Supreme Court
Appeal by the plaintiff from a judgment for the plaintiff, in the First District Court, County of Ventura. Fawcett, J. Action to foreclose a mortgage executed by defendant Rice.
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Appeal by the plaintiff from a judgment for the plaintiff, in the First District Court, County of Ventura. Fawcett, J. Action to foreclose a mortgage executed by defendant Rice. The Court below found, .that, prior to the execution of the mortgage sued upon, the defendant Rice executed two mortgages upon part of the land to the defendant Beckwith; and that after the execution and recording of the mortgage sued upon, Rice, being unable to pay the interest on the sums due to Beckwith, as it accrued, agreed with Beckwith to convey to him the mortgaged premises in satisfaction of said mortgages,…
1Opinion of the Court
By the Court :
The Courtis of opinion that the judgment in this cause should be so modified as to direct the forclosure of the mortgage held by plaintiff as to all the property mentioned in it; that the property embraced in the mortgage of plaintiff, add not embraced in the mortgage to Beckwith, set on foot by the judgment, should be first sold, and the proceeds paid over to the plaintiff, to the extent of his debt and costs, and any surplus remaining, to the defendants, purchasers from the mortgagor. If the proceeds of *429such s<alc should be insufficient to pay off plaintiff’s mortgage, that…
2Cited by18 opinions
- Tolman v. SmithCalifornia Supreme Court · 1890
- Shaffer v. McCloskeyCalifornia Supreme Court · 1894
- Anglo-Californian Bank, Ltd. v. FieldCalifornia Supreme Court · 1905
- Brackett v. BanegasCalifornia Supreme Court · 1897
- Bowling v. GarrettSupreme Court of Kansas · 1892
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