Austin v. Pulschen

Citations

• 4 Cal. Unrep. 988
• 39 P. 799
• 1895 Cal. LEXIS 1127

Syllabus

<p>Mortgages—Priority of Lien.—Title to Land in Suit was in B., who agreed to convey to H. on payment of balance of price, and H. agreed to convey to plaintiff on same condition, and gave her possession. Plaintiff agreed to sell to P. for $5,500, and to convey on payment of $3,200, but was to retain possession until full payment. P. applied to defendant for $3,200—$2,700 to pay balance to B., and $300 to pay plaintiff, of whom he informed defendant he was purchasing. Defendant procured an abstract to the land which showed the agreements to convey between B. and H., and H. and plaintiff, and was informed by counsel that plaintiff should convey to P. in order to perfect the latter’s title; and he sent men to inspect the premises, who found plaintiff’s husband in “apparent” possession, cultivating the land as an employee of P. Thereafter, and on the day before the deeds were executed to P. by B. and plaintiff, defendant loaned P. the money as requested, and took a mortgage of the land. Held, that defendant was not a mortgagee without notice of plaintiff’s lien for the unpaid price.</p>