Peters v. Jamestown Bridge Co.
California Supreme Court
Appeal from the District Court of the Fifth Judicial District, Tuolumne County. On the twenty-fourth day of January, 1852, Joseph C. Perry sold to one Jonas Thayer certain property in Tuolumne county, and took a mortgage for the payment of the purchase money, which was duly recorded. On the first day of February, 1853, Perry conveyed by deed, containing covenants of general warranty, all his right, title, and interest in and to the property, to the plaintiff.
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Appeal from the District Court of the Fifth Judicial District, Tuolumne County. On the twenty-fourth day of January, 1852, Joseph C. Perry sold to one Jonas Thayer certain property in Tuolumne county, and took a mortgage for the payment of the purchase money, which was duly recorded. On the first day of February, 1853, Perry conveyed by deed, containing covenants of general warranty, all his right, title, and interest in and to the property, to the plaintiff. On the first of March following, and after the last deed was recorded, Perry assigned the Thayer mortgage to John C. Dent; afterwards,…
1Opinion of the CourtHeydenfeldt, J.
Murray, C. J., and Bryan, J., concurred.
The mortgage from Thayer to Perry was upon record; and operated as constructive notice to all persons. It was unsatisfied, and therefore-it was the subject of sale to- all innocent parties.
The purchaser of the mortgage cannot be charged with constructive-notice of any thing subsequent to the mortgage, except its assignment; or satisfaction, duly entered of record.
The deed from Perry to plaintiff could not operate-as an assignment of the mortgage. The latter is a mere-security for the debt, and cannot pass without a transfer of the debt; so it would seem…
2Cited by5 opinions
- Payne v. BensleyCalifornia Supreme Court · 1857
- Hyde v. ManganCalifornia Supreme Court · 1891
- McCammant v. RobbertsTexas Supreme Court · 1894
- Wood v. BraggSupreme Court of Minnesota · 1899
- Hooper v. YoungCalifornia Supreme Court · 1903