Porter v. Muller
California Supreme Court
Appeal from the District Court of the Fifth Judicial District, San Joaquin County. The action was brought to foreclose a mortgage made by the defendant and George Kroeckel to plaintiff, September 2nd, 1875, to secure the payment of a joint indebtedness of three thousand dollars and interest. The land (three hundred and twenty acres in San Joaquin County) was purchased by the defendant and Kroeckel in 1871, from one Tarr, for eight thousand dollars.
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Appeal from the District Court of the Fifth Judicial District, San Joaquin County. The action was brought to foreclose a mortgage made by the defendant and George Kroeckel to plaintiff, September 2nd, 1875, to secure the payment of a joint indebtedness of three thousand dollars and interest. The land (three hundred and twenty acres in San Joaquin County) was purchased by the defendant and Kroeckel in 1871, from one Tarr, for eight thousand dollars. One-half of the purchase-money was paid in cash at the time, each contributing one-half thereof, and the payment of the remainder was secured by a…
1Opinion of the Court
By the Court :
At the time of the arrangement between Porter, Kroeckel, and Muller, the whole, land was subject to the lien of the mort*680gage in suit. The arrangement was to the effect that Kroeckel should convey to Porter his undivided half of the lands; that Porter should satisfy the two notes and mortgages given by Kroeckel to Porter; and that Muller should be responsible for the whole of the amount due upon the. note and mortgage in suit; and that the mortgage should be a lien upon his half of the lands; and that the half of the lands conveyed by Kroeckel to Porter should not be chargeable…
2Cited by4 opinions
- Porter v. MullerCalifornia Supreme Court · 1896
- Marshall v. Livermore Spring Water Co.California Supreme Court · 1884
- Continental Building & Loan Ass'n v. WilsonCalifornia Supreme Court · 1904
- Jackson v. DallinUtah Supreme Court · 1915