California Title Insurance & Trust Co. v. Pauly

Citations

• 111 Cal. 122
• 43 P. 586
• 1896 Cal. LEXIS 554

Syllabus

<p>Street Railroads—Mortgage — Terminal Grounds Used for Purposes of Road—Foreclosure—Findings.,—Grounds owned by a street railroad company at a terminus of its road, and used by it as a pleasure resort in connection with its road, and for the sole purpose of increasing the travel thereon, are included in a mortgage by it of its lines of railway and the real property “that it now owns or that it, may hereafter acquire for use or adapted to use on or about its said lines of railway.” And a finding in accordance therewith, in an action to foreclose such mortgage, is not vitiated by a further finding that such grounds are an “appurtenance” of said railroad. In such finding the word “appurtenance” should be construed as being used in the sense of an “addition” or “ appendage” of the railroad.</p> <p>Id.—Evidence.—In an action to foreclose such mortgage, parol evidence is admissible to show that such grounds were acquired by the railroad company for use and adapted to use “ on or about its lines of railway.” Id.—After-acquired Property.—A mortgage may be given on property to he acquired by the mortgagor after the execution of the mortgage.</p>