Bauer v. Pierson

Citations

• 46 Cal. 293
• 1873 Cal. LEXIS 174

Syllabus

<p>Notice to Mortgagee Concerning Title.—If a person, is about to make a loan and take a mortgage upon land as security, and employs an agent, an attorney, to make the negotiation, a declaration made by a tenant in possession of the land to the agent that another person owns an interest in the land, is sufficient to put the mortgagee on inquiry, and if due diligence is not exercised in making such inquiry, the mortgage, even if the paper title appears to be in the mortgagor, is subject to the rights of such other person in the land.</p> <p>Consideration oe Technical Questions.—If the Supreme Court is satisfied with the conclusions of the Court below upon a matter, it will not go into the consideration of technical questions not distinctly made in the Court below, 'and which do not involve a substantial right.</p>