Benedict v. Peppers

Citations

• 58 Cal. 618
• 1881 Cal. LEXIS 280

Syllabus

<p>Foreclosure of Mortgage—Purchaser from Mortgagor.—0. having a contract to purchase land, assigned it to P., who at the same time executed a mortgage thereon to secure part of the purchase money. P. executed a deed of the premises to W. M., but did not in terms assign the contract, and W. M. assigned all his right, title, and interest in the land to E. M. After this assignment W. M. paid the balance of the purchase money, and at his request, the vendor made a deed of the premises to E. M. In an action to foreclose a mortgage by the assignee of 0.: Held, That the interest of E. M. was subject to the mortgage.</p>