Clark v. Baker
California Supreme Court
Appeal from the Twelfth District. The mortgage from Baker to Clark, executed to secure the purchase money of the premises in question, in its terms, doth “ grant, bargain, sell, release, remise, and convey ” the premises to Clark his heirs and assigns forever, subject to the usual condition in mortgages. All other material facts are stated in the opinion of the Court. The case was twice argued.
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Appeal from the Twelfth District. The mortgage from Baker to Clark, executed to secure the purchase money of the premises in question, in its terms, doth “ grant, bargain, sell, release, remise, and convey ” the premises to Clark his heirs and assigns forever, subject to the usual condition in mortgages. All other material facts are stated in the opinion of the Court. The case was twice argued. After the first argument an opinion was rendered reversing the judgment below, but that opinion is not reported, because upon the reargument, the Court receded from the views then expressed.
1Opinion of the CourtField, C. J.
In August, 1853, Clark being at the time in the occupation of certain premises, situated within the city and county of San Francisco, sold and conveyed them to Baker, for the consideration of one hundred and twenty thousand dollars, and took from him a mortgage upon the property, as security for the payment of the purchase money in ten years, with monthly interest of one thousand dollars, payable each month. The conveyance and mortgage were simultaneous acts, and both purported to be of the premises in fee. With the conveyance, possession was delivered to Baker, and on the same day the…
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