Whitney v. Buckman
California Supreme Court
Appeal from the Seventh District. Bill to foreclose a mortgage executed by defendant to Sullivan & Allen, and by them assigned to plaintiff.
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Appeal from the Seventh District. Bill to foreclose a mortgage executed by defendant to Sullivan & Allen, and by them assigned to plaintiff. The mortgage runs, that the defendant, “for and in consideration of the sum of ten thousand dollars, to him, defendant, in hand paid by the parties of the second part, Sullivan & Allen, doth grant, bargain, sell, and confirm, unto the said parties of the second part, etc. all the undivided one-half of all that certain tract or parcel of land situated in said county of Bapa, consisting of a pre-emption claim of one hundred and sixty acres, and commonly…
1Opinion of the CourtBaldwin, J.
Terry, C. J. concurring.
There are no merits in this appeal, either in justice or in law.
1. If the property is indefinitely described, so that no title could pass from the sale on foreclosure, this defect is as much the fault of the maker as the taker of the mortgage; and it is no just objection on the part of the mortgagor, that the mortgagee has got, or will get, nothing from the security. We think, however, the property prima facie is sufficiently described.
2. There is nothing in the fact that this is public land. We *539have recognized the title, resting on possession in public land, in cases…
2Cited by11 opinions
- Adam v. McClintockNorth Dakota Supreme Court · 1911
- Digman v. McCollumSupreme Court of Missouri · 1871
- Stewart v. PowersCalifornia Supreme Court · 1893
- Graham v. StewartCalifornia Supreme Court · 1886
- German Loan Society v. KernOregon Supreme Court · 1900
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