Burbridge v. Lemmert

Citations

• 99 Cal. 493
• 32 P. 310
• 1893 Cal. LEXIS 699

Syllabus

<p>Mortgage—Agreement of Mortgagor to Pay Taxes — Construction of Mortgage—Void Option to Foreclose for Non-payment of Interest.—Where at the time of the execution of a note and mortgage, and as part thereof, an express stipulation is signed by the mortgagor agreeing to pay all taxes assessed on the mortgage, which is prepared with distinct care and deliberation, and which a surety is required to sign, leaving no doubt of the intention of the parties, the fact that the body of the mortgage authorizes the mortgagor to protect the mortgaged property and pay the taxes thereon “other than the taxes of this mortgage or the money thereby secured,” is not necessarily inconsistent with the language of the express stipulation, which must be construed together with it, and the express and unequivocal agreement that the mortgagor shall pay all the taxes upon the mortgage, renders the note and mortgage unlawful and null and void as to the payment of any interest specified therein, and such mortgage cannot be foreclosed in advance of the maturity of the note, under a clause making it due and payable upon non-payment of interest at the option of the holder of the note.</p>