Page v. Vilhac
California Supreme Court
Appeal from the District Court of the Fifth Judicial District, San Joaquin County. The land conveyed by the plaintiff to the defendant consisted of three tracts in San Joaquin County, embracing in all about four hundred and ninety acres.
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Appeal from the District Court of the Fifth Judicial District, San Joaquin County. The land conveyed by the plaintiff to the defendant consisted of three tracts in San Joaquin County, embracing in all about four hundred and ninety acres. The complaint alleged that the conveyance was intended by way of mortgage to secure the indebtedness of plaintiff to defendant, with interest, and prayed for an accounting between the parties and a redemption of the property, in favor of the plaintiff, upon his payment of what on such accounting might be found due to defendant. The complaint was filed January…
1Opinion of the Court
By the Court, Wallace, J.:
On the 3d day of December, 1864, Page, by deed of that date, absolute in form, and reciting a consideration of seven thousand five hundred dollars, conveyed to Vilhac the prem*79ises in controversy. On the same day Vilhac executed and delivered to Page an instrument in the nature of a defeasance, referring to the conveyance so made, and agreeing, in terms, to sell to Page, at any time before the succeeding first day of November, which would be in the year 1865, the whole, or any portion less than the whole, of the premises embraced in the deed, at the price of eight…
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