Bank of Oroville v. Lawrence

Citations

• 4 Cal. Unrep. 845
• 37 P. 936
• 1894 Cal. LEXIS 1254

Syllabus

<p>Trial—Special Findings.—If a Discrepancy Exists between the general finding and the more specific findings of particular facts, the latter must control.</p> <p>Pleading—Ambiguity.—Where an Instrument Which is in Legal effect a mortgage and not a deed of trust is set out in full in the complaint, the fact that it is there designated a “trust deed so being and operating as a mortgage” does not create an ambiguity in the pleading.</p> <p>A Mortgage Given to Secure Advances Up to a Certain Sum, if duly recorded, takes precedence of a subsequent attachment, to the extent of any balance due on such advances up to said sum.</p>