Dingley v. Bank of Ventura
California Supreme Court
Appeal from a judgment for the plaintiffs, and an order denying a new trial, in the First District Court, County of Ventura. Fawcett, J. The action was brought to foreclose a mortgage, and plaintiffs relied upon the deed referred to in the opinion as constituíing a mortgage. The plaintiffs had judgment, and certain of the defendants appealed.
1Opinion of the Court
Ross, J.:
On the 2nd of May, 1874, the defendant Huse was the owner of certain real property, which, on that day, he conveyed by deed to the defendant Williams, in consideration of a cash payment of $5,000 in gold coin, and the “ further sum of $9,784, to be paid as follows: $5,000 in gold coin on the 15th day of December proximo, and $4,784 in gold coin on the 1st day of June, 1875, for which last two sums a lien is reserved to myself (the grantor) upon the premises.” The deed also contained this further clause:
“ And I (the grantor) hereby reserve a lien upon said tract of land as security…
2Cases cited2 opinions
- Moore v. LackeyMississippi Supreme Court · 1876
- Markoe v. AndrasIllinois Supreme Court · 1873
3Cited by11 opinions
- Coast Bank v. MinderhoutCalifornia Supreme Court · 1964
- Moran v. WheelerTexas Supreme Court · 1894
- McKeown v. CollinsSupreme Court of Florida · 1896
- Longmaid v. CoulterCalifornia Supreme Court · 1898
- Gessner v. PalmateerCalifornia Supreme Court · 1891
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