Rumpp v. Gerkens
California Supreme Court
Appeal by the plaintiff from a judgment for defendant M. Leonis, and from an order denying a new trial, in the Superior Court of the County of Los Angeles.
Read the full summary
Appeal by the plaintiff from a judgment for defendant M. Leonis, and from an order denying a new trial, in the Superior Court of the County of Los Angeles. Howard, J. Action for the foreclosure of a mortgage made to the plaintiff by Jacob F. Gerkens and wife, of date July 18, 1876. The complaint alleges that the defendant, Miguel Leonis, has, or claims to have, some interest in or claim upon said premises as purchasers, etc., which interest or claim is subsequent and subject to the lien of plaintiff’s mortgage. The answer of the defendant Leonis alleges the execution to him of a mortgage upon…
1Opinion of the Court
Thornton, J.:
We find no error in the record in this cause. The transactions between Leonis and the common mortgagors of plaintiff’s assignor and Leonis, did not extinguish the mortgage to the latter so that he could not use it as a protection to his rights against the subsequent mortgage to Rumpp, plaintiff’s assignor. In other words, a Court of equity will regard it as still existing as a lien, and not having merged, so as to protect him against the subsequent mortgage of the assignor of plaintiff.
In law, a merger always takes place when a greater estate and a less coincide and meet in the…
2Cases cited1 opinion
- Carpentier v. BrenhamCalifornia Supreme Court · 1870
3Cited by19 opinions
- People v. County of MarinCalifornia Supreme Court · 1894
- Shaffer v. McCloskeyCalifornia Supreme Court · 1894
- Jameson v. HaywardCalifornia Supreme Court · 1895
- Anglo-Californian Bank, Ltd. v. FieldCalifornia Supreme Court · 1905
- Wilson v. WhiteCalifornia Supreme Court · 1890
14 more not listed; retrieve them via the Exa API.