Harralson v. Barrett
California Supreme Court
Appeal from a judgment oí the Superior Court of Los Angeles County. The facts are stated in the opinion of the court.
1Opinion of the CourtPaterson, J.
The mortgage upon which this action was brought provides that in case-of foreclosure the mortgagee may include therein all payments made by the mortgagee “ for taxes on said premises, and the taxes of this mortgage or the money hereby secured.”
It is claimed by appellant that this provision of the mortgage is void, and that the court below erred in allowing interest on the note for the payment of which the mortgage was given as security, and this proposition we think must be sustained. Section 5, article XIII., of our constitution provides that “ every contract hereafter- made, by which a…
2Cases cited2 opinions
- Hewitt v. DeanCalifornia Supreme Court · 1891
- Marye v. HartCalifornia Supreme Court · 1888
3Cited by21 opinions
- In Re Estate of CoverCalifornia Supreme Court · 1922
- In Re Estate of DolbeerCalifornia Supreme Court · 1908
- Stock v. MeekCalifornia Supreme Court · 1950
- Comet Theatre Enterprises, Inc. v. CartwrightCourt of Appeals for the Ninth Circuit · 1952
- Linforth v. S.F. Gas and Electric Co.California Supreme Court · 1909
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