Carpentier v. Brenham
California Supreme Court
Appeal from the District Court of the Twelfth District, City and County of San Francisco. The facts are stated in the opinion. Mrst — In all cases where the" ownership of the estate mortgaged has passed from the mortgagor, by operation of law, tbe rule is tbat tbe mortgaged premises are tbe primary fund for tbe payment of tbe debt.
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Appeal from the District Court of the Twelfth District, City and County of San Francisco. The facts are stated in the opinion. Mrst — In all cases where the" ownership of the estate mortgaged has passed from the mortgagor, by operation of law, tbe rule is tbat tbe mortgaged premises are tbe primary fund for tbe payment of tbe debt. By a sale of tbe equity of redemption upon execution, tbe mortgaged premises become in equity tbe primary fund for tbe payment of tbe mortgage debt, and tbe personal liability of tbe mortgagor to pay tbe debt becomes separated from tbe ownership of tbe land, and…
1Opinion of the Court
Crockett, J'.,
delivered the opinion of the Court, Temple, J., and Rhodes, C. J., concurring.
This is an action brought by the plaintiff as special administrator of the estate of Catherine Hayes Bushnell, deceased, to foreclose a mortgage made by the defendant Brenham in the year 1855 to the said Catherine Hayes in her lifetime. A judgment of foreclosure having been rendered in the Court below, the defendants moved for a new trial, which was granted, and the plaintiff has appealed from the order granting, the new trial.
It becomes necessary, therefore, to inquire into the merits of the action,…
2Cases cited5 opinions
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- Western Insurance Co. of Buffalo v. Eagle Fire InsuranceNew York Court of Chancery · 1828
- Montgomery v. TuttCalifornia Supreme Court · 1858
- Peabody v. RobertsNew York Supreme Court · 1866
- Andrews v. WolcottNew York Supreme Court · 1852
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- Wilson v. WhiteCalifornia Supreme Court · 1890
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