Hines v. Ward
California Supreme Court
APPEAL from a judgment of the Superior Court of Lassen County. W. T. Hasten, Judge. The facts are stated in the opinion of the court.
1Opinion of the CourtVan Fleet, J.
Plaintiff held a mortgage, given and recorded in June, 1890, on land of defendant Tunison to secure the latter’s note, on which there was due in May, 1894, the sum of fifteen hundred dollars. Being insolvent and unable to pay the note, and desiring to avoid the expense of foreclosure and sale, Tunison requested plaintiff to take a deed, of the mortgaged premises in satisfaction of the debt, representing to plaintiff and assuring him that there was no other encumbrance or lien upon the land. Plaintiff, believing and relying upon Tunison’s representations, consented, without an examination of…
2Cited by31 opinions
- Perkins v. Benguet Consolidated Mining Co.California Court of Appeal · 1942
- Herdan v. HansonCalifornia Supreme Court · 1920
- McDanels v. General Insurance Co. of AmericaCalifornia Court of Appeal · 1934
- B. C. Richter Contracting Co. v. Continental Casualty Co.California Court of Appeal · 1964
- Baker v. FogleTexas Supreme Court · 1919
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