McDevitt v. Sullivan
California Supreme Court
Appeal from the District Court of the Fourth Judicial District. In November, 1847, Charles Dorente died, seized in fee of lot Ho. 196, in the city of San Francisco, leaving a widow and two infant heirs, Albert Dórente and Augustus Dórente. In June, 1849, the widow intermarried with J. Hawes Davis; and in August, 1853, Davis and wife mortgaged an undivided interest of the lot to A. A. Cohen.
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Appeal from the District Court of the Fourth Judicial District. In November, 1847, Charles Dorente died, seized in fee of lot Ho. 196, in the city of San Francisco, leaving a widow and two infant heirs, Albert Dórente and Augustus Dórente. In June, 1849, the widow intermarried with J. Hawes Davis; and in August, 1853, Davis and wife mortgaged an undivided interest of the lot to A. A. Cohen. On the first of December, 1854, Davis, in his own name, leased a portion of the lot to the defendant for the term of six years. The mortgage was foreclosed, and the lot sold by the sheriff, and purchased…
1Opinion of the CourtBurnett, J.
1. The premises being mortgaged at the date of the lease from Davis to Sullivan, in December, 1854, Sullivan took the lease, subject to the mortgage. When the mortgage was foreclosed, and the premises sold to Abel Guy, the mortgaged estate of Davis and wife passed to Guy. From the time that the estate vested in Guy, he acquired the right to demand of Sullivan, either the possession of the estate purchased under the mortgage-sale, or a proportionate part of the rent. In a suit by Mc-Devitt against Sullivan, the latter had the right to show that a part of the interest of Davis had passed, and…
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