Lewis v. Covillaud
California Supreme Court
■ Appeal from the Tenth Judicial District. On the fourth day of September, 1850, S. J. Field conveyed by deed to Joel Burlingame a lot, with the improvements thereon, in the city of .Marysville.
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■ Appeal from the Tenth Judicial District. On the fourth day of September, 1850, S. J. Field conveyed by deed to Joel Burlingame a lot, with the improvements thereon, in the city of .Marysville. On the seventh day of August, 1855, Burlingame executed a mortgage upon the premises to J. E. E. Lewis, the plaintiff, to secure a note in form as follows: “ $6,000. Twenty-four calendar months from date, for value received, (loaned money) I promise to pay to Joseph E. 1ST. Lewis, or order, six thousand dollars, with the following monthly interest: for the first twelve months, two and one-half per…
1Opinion of the CourtCope, J.
Field, C. J. and Norton, J. concurring.
Covillaud and Eye purchased of one Burlingame a lot with the improvements thereon in the city of Marysville, and as a part of the consideration assumed the payment of a mortgage upon the property, in favor of the plaintiff, for the sum of §6,000. Eye conveyed his interest in the property to Covillaud, and the latter arranged with the plaintiff for a release of his mortgage, agreeing to pay him the sum of §8,000, in two installments of §4,000 each, and to secure the payment by a mortgage on the same property. This arrangement was carried out by the…
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