Combs v. Hawes

Citations

• 2 Cal. Unrep. 555
• 8 P. 597
• 1885 Cal. LEXIS 865

Syllabus

<p>Mortgage—Deed as Security—Foreclosure.—A deed given to secure the payment of money advanced by the grantee is in effect a mortgage, and must be foreclosed in accordance with the statute: Code Civ. Proc., sec. 726.</p> <p>Mortgage—Lien of Grantee on Paying Prior Mortgages.— Equity will give to the grantee in a deed, construed to be a mortgage, a lien on the land, to the extent of payments of other mortgages on the land, which he has been obliged to make to protect his own security.</p> <p>Infant—Promissory Mote—Disaffirmance.—An infant over the age of eighteen years executing a promissory note, the consideration of which he receives, and which note is paid by an indorser, cannot disaffirm his contract with the indorser without refunding the amount paid in taking up the note.1</p>