Cheever v. Fair
California Supreme Court
Appeal from the District Court of the Fourth Judicial District, San Francisco County. Bill for foreclosure of a mortgage. On the 11th day of September, 1852, William D. Fair purchased from one James McCormick, certain property in San Francisco, for-the sum of $44,600, part of which was paid for in cash, and gave a mortgage on the property to secure the sum of $29,600, the balance of the purchase money.
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Appeal from the District Court of the Fourth Judicial District, San Francisco County. Bill for foreclosure of a mortgage. On the 11th day of September, 1852, William D. Fair purchased from one James McCormick, certain property in San Francisco, for-the sum of $44,600, part of which was paid for in cash, and gave a mortgage on the property to secure the sum of $29,600, the balance of the purchase money. On the day following, McCormick assigned the mortgage to one John O. Agnew, as security for a loan of $20,000, taking a covenant from Agnew to re-assign the same to him, upon payment of the…
1Opinion of the CourtHeydenfeldt, J.
Murray, C. J., and Bryan, J., concurred.
5 Cheever is not charged by the proof with notice of any of the trans- > actions subsequent to the mortgage, and therefore he may have reason to contend, that all the property contained in it, is subject to the payment of his debt; but he does not complain of the decree; and the only question is, whether Fair can insist upon apportioning the liability, between his lot, and Dorr’s.
Fair's conveyance of Dorr’s lot to McCormick, contains.a warranty against his own acts. This warranty runs with the land, and if Dorr’s lot was subjected to the mortgage, the…
2Cited by3 opinions
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- Abbott v. PowellDistrict Court, D. California · 1879
- Gage v. McGregorSupreme Court of New Hampshire · 1881