Barnhart v. Edwards

Citations

• 5 Cal. Unrep. 558
• 47 P. 251
• 1896 Cal. LEXIS 1068

Syllabus

<p>Mortgage—Future Advances—Parol Evidence.—Where a conveyance was made as security for certain money advanced, parol evidence is inadmissible to show that, by agreement with the attorney of the grantor, the effect of the instrument was changed so as to also secure future advances.</p> <p>Mortgages—Future Advances—Taxes.—An instrument by which land was conveyed to secure advances, which provided for the repayment of all taxes upon the lands conveyed, did not invalidate the agreement under constitution, article 13, section 5-, providing that contracts for payment of taxes upon the “money loaned” should he void.</p> <p>Mortgage — Foreclosure — Pleading.-—An Instrument Conveyed certain lands to secure, among other matters, a loan of $2,500, secured by a pledge of certain wheat. Held, in an action to foreclose the lien, that, as the note was expressly named as one of the debts secured, it was incumbent on defendant, if he would avoid liability therefor, to plead the facts by virtue of which the land had been exonerated from this liability.</p> <p>Appeal.-—An Assignment That the Court Erred in finding that a certain sum was due from defendant to plaintiff is not a specification of the “particulars” in which the evidence is insufficient to sustain the finding.</p> <p>Pledge—-Attachment — Conversion.—Where Wheat Pledged is taken from the possession of the pledgee in attachment against the pledgor, and the litigation in relation thereto is conducted by the attorneys of the pledgor, the pledgee cannot he charged with conversion when the attachment is sustained.</p> <p>Mortgagee in Possession—Extent of Liability.—Certain Land was transferred to plaintiff to secure a loan. At the time of the transfer, it was under a lease which the lessee subsequently assigned to plaintiff. Held, by thus getting possession, plaintiff became the mortgagee in possession, and was liable to defendants only for the income and profits received from the land.</p>