Legal Opinion

Boyle Ice Machine Co. v. Gould

California Supreme Court

Decided July 27, 1887No. 11776PublishedCited by 3 opinions

Appeal from a judgment of the Superior Court of Los Angeles County. On January 1,1884, the defendant Gould and Sweeney leased the land described in the complaint for the term of ten years, and in March of the same year erected thereon an ice-machine, which Gould had purchased of the plaintiff, and for the part payment of which he had executed his promissory notes.

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Appeal from a judgment of the Superior Court of Los Angeles County. On January 1,1884, the defendant Gould and Sweeney leased the land described in the complaint for the term of ten years, and in March of the same year erected thereon an ice-machine, which Gould had purchased of the plaintiff, and for the part payment of which he had executed his promissory notes. On the 3d of May, 1884, Gould and Sweeney mortgaged the land described in the lease, and the machinery erected thereon, to the plaintiff, to secure the payment of the notes. The mortgage was in form a mortgage in fee of the land,…

1Opinion of the Court

The Court.

— We find no error in the record. The demurrer to the answer of Cook, special administrator, was properly sustained. The defendant occupied no position superior to that of the mortgagor, Gould, and whatever interest he acquired by his purchase was subject and subordinate to the mortgage of plaintiff.

Judgment affirmed.

Hearing in Bank denied.

2Cited by3 opinions

  1. San Francisco Breweries v. SchurtzCalifornia Supreme Court · 1894
  2. People v. ChurchCalifornia Court of Appeal · 1943
  3. People ex rel. Department of Public Works v. ChurchAppellate Division of the Superior Court of California · 1943

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