Sacramento Suburan Fruit Lands Co. v. Whaley

The defendants Martha A. Whaley and A. O. Whaley (whose middle initial- is printed in the transcript both G. and C. by mistake), husband and wife, executed on February 19, 1914, a mortgage to appellant upon seven lots in Rio Linda Subdivision No. 2, a portion of the Rancho Del Paso, in Sacramento County, California, to secure the payment of a note for $6,748 due on or before February 19, 1919, with interest at six per cent per year, payable yearly. Said mortgage contained the following provision: “Said mortgagee shall release any ten acre lot or more from the lien of this mortgage upon the…