Dingley v. Bank of Ventura

Citations

• 57 Cal. 467

Syllabus

<p>Mortgage—Deed—Vendor and Vendee.—A. deed conveying land, and in express terms reserving to the grantor a lien to secure the payment of two promissory notes for a part of the price, creates an equitable mortgage upon the land.</p> <p>Id.—Id.—Id.—Vendor’s Lien.—Such lien is more than a vendor’s lien, and is not lost by the assignment of the promissory notes.</p> <p>Id.—Construction of Statute.—Section 2922 of the Civil Code does deprive a court of equity of the power, in a proper case, of declaring an instrument which is not a mortgage in form to be one in effect.</p>