Hawkins v. Flint
California Supreme Court
Appeal from a judgment of the Superior Court of San Benito County. The action was brought to foreclose a mortgage. The judgment of the lower court decreed a sale of the mortgaged premises, and provided that the proceeds thereof should be applied, after payment of the costs, to the amount due on the mortgage. The further facts are stated in the opinion of the court.
1Opinion of the CourtRoss, J.
— Thomas Flint, L. Bixby, and Benjamin Flint, being seised in fee of the land in question, contracted in Writing to sell it to one Lane for four thousand five hundred dollars, payable in installments. Lane subsequently assigned his contract to the defendant Harlan. *237Harlan then executed a mortgage to one McClosky, and McClosky assigned the mortgage to the plaintiff. Subsequently Flint and Bixby, who meanwhile had succeeded to all of the interest of Benjamin Flint in the property, conveyed the land by deed to Harlan, taking at the time from him his promissory note for the balance of the…
2Cases cited1 opinion
- Gibson v. ChouteauSupreme Court of the United States · 1872
3Cited by4 opinions
- Ludy v. ZumwaltCalifornia Court of Appeal · 1927
- Midland Realty Co. v. HalversonMontana Supreme Court · 1935
- Reese v. BellCalifornia Supreme Court · 1902
- Bowden v. HeatonCalifornia Court of Appeal · 1950