Abell v. Coons
California Supreme Court
Appeal from the Superior Court of the City of San Francisco. It appears from the testimony in this case, that Abell and Stevens purchased a tract of land from one Weber; soon after the purchase, Abel mortgaged all his right, title and interest, in said land to one Humphreys for the sum of eight thousand dollars; after which said Abell, together with Stevens, conveyed two-thirds of the land purchased from Weber, to one Coons, and the remaining one-third, to one Dennison-; the…
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Appeal from the Superior Court of the City of San Francisco. It appears from the testimony in this case, that Abell and Stevens purchased a tract of land from one Weber; soon after the purchase, Abel mortgaged all his right, title and interest, in said land to one Humphreys for the sum of eight thousand dollars; after which said Abell, together with Stevens, conveyed two-thirds of the land purchased from Weber, to one Coons, and the remaining one-third, to one Dennison-; the deeds to Dennison and Coons both contain this recital or covenant: “ The said party of the second part hereby agreeing…
1Opinion of the CourtMurray, C. J.
As to the remedy, we are satisfied that the case is one of chancery jurisdiction, and it is not necessary for Abell to first pay the amount of the mortgage to Humphreys, before he can bring his action against Coons and Dennison; in fact he might be unable to do so, and although primarily liable to Humphreys, still in this transaction, he is, in fact, a security for Coons and Dennison, as it is evident that he will only be liable to Humphreys in the event of non-payment by them, or the failure of the premises to bring the amount of the mortgage-debt.
The first question which naturally suggests…
2Cited by4 opinions
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