Camden v. Vail

Citations

• 24 Cal. 392

Syllabus

<p>Mortgage—Married Woman.—Where a mortgage is executed by a married woman upon real estate for the purchase money of the same, and such mortgage is void and cannot be enforced by reason of defective execution, the assignee of the mortgage by virtue of the assignment does not acquire any such interest in the mortgaged property as to entitle him to a decree rescinding the contract and setting aside the deed of conveyance, and restoring the parties to their original condition.</p> <p>Mortgage—Assignee of.—The assignee of such mortgage does not succeed to all the rights held by the mortgagee by virtue of his having been the owner of the premises, and of his having conveyed them without obtaining tho stipulated consideration, but he only acquires such rights as the mortgage carries with it. Quere ? Would the mortgagee, himself, be entitled to such relief ?</p>