Remington v. Higgins
California Supreme Court
Appeal from a judgment for the plaintiff, and from an order denying the defendants a new trial, in the First District Court, County of Ventura. Fawcett, J. The mortgage referred to in the opinion, together with the acknowledgment, is attached to the complaint; and the latter does not contain the clause, “ and that she does not wish to retract such execution.” The execution of the mortgage is not denied in the answer. The other facts are stated in the opinion.
1Opinion of the Court
Department No. 2, Myrick, J.:
An agreement was made between plaintiff and defendant C. P. Higgins for the purchase from plaintiff of a parcel of land *623at the price of $1,200; $300 to be paid in hand, and the payment of the balance to be secured by mortgage on the premises. At the request of C. P. Higgins, plaintiff executed a deed of the premises to A. J. Higgins, wife of C. P. Higgins, the latter of whom paid the $300 as agreed, and the wife executed promissory notes for the balance, and a mortgage of the lands to secure the payment of the same. The husband did not join in the execution of the…
2Cases cited2 opinions
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