Allen v. Allen

Citations

• 106 Cal. 137
• 39 P. 436
• 1895 Cal. LEXIS 579

Syllabus

<p>Deed Intended as Mortgage—Title Part of Contract—Change of Law—Equities Barred by Limitation—Ejectment.—A deed to land given to secure a debt, at a time when the decisions in this state held that the legal title tp the land passed thereby, conferred a title, as part of the contract, subject only to an equity of redemption, which a subsequent change in the law cannot effect; and when the debt to secure which the deed was made became barred by the statute of limitations, the right to redeem was also barred, and the title became vested absolutely in the grantee free from any equities, and the grantee may recover the land in ejectment.</p> <p>Id.—Estoppel by Judgment — Decision upon Former Appeal — Dismissal of Action to Redeem—Equitable Defense in Ejectment.— The judgment upon a former appeal, in an action to redeem from a deed intended as a mortgage, affirming a judgment dismissing the action to redeem as barred by limitation, is determinative of the rights of the parties to the transaction, and operates as an estoppel against an equitable defense setting up the right of redemption by way of answer in an action of ejectment brought by the grantee of the deed against the grantor.</p>